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ELECTION LAWS
OF THE
STATE OF MONTANA
1962
Arranged and Compiled from the Revised
Codes of Montana of 1947,
as Amended
»f
Comp^dl^y
Frank Murray, Secretary of State
Helena, Montana
January, 1962
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_STATE documents;
ELECTION LAWS
OF THE
STATE OF MONTANA
1962
Arranged and Compiled from the Revised
Codes of Montana of 1947,
as Amended
Compiled by
Frank Murray, Secretary of State
Helena, Montana
January, 1962
5
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Copyright, 1961
The Allen Smith Company
Indianapolis, Indiana
Publishers of the
REVISED CODES OF MONTANA, 1947
TABLE OF CONTENTS
CONSTITUTION Page
Article III. A Declaration of Rights of the People of the State of Montana. ... 1
V. I^egislative Department 1
VI. Apportionment and Representation 4
VII. Executive Department 4
VIII. Judicial Departments 'y
IX. Rights of Suffrage and (Jualitications to Hold Office 7
X. State Institutions and Public Buildings 0
XI. Education 1)
XII. Revenue and Taxation 10
XIII. Public Indebtedness 10
XVI. Counties — Municipal Corporations and Offices II
XIX. ^liscellaneous Subjects and Futur(> Amendments 13
TITLE 1. AERONAUTICS
Chapter 8. Establishment of Airports by Counties and Cities — Municipal Air-
ports Act 15
TITLE 4. ALCOHOLIC BEVERAGES
Chapter 1. State Liquor Control Act of Montana — Licensing — Sale of Alcoholic
Beverages by State Ijicpior Stores 1.5
3. Montana Beer Act — Licensing Sale of Beer under Supervision of
State Liquor Control Board 17
4. Montana Retail Litpior License Act — Sales by Licensees of Board. . 18
TITLE 9. CEMETERIES
Chapter 2. Public Cemetery District Act 20
TITLE 11. CITIES AND TOWNS
Chapter 2. Classificatit)n and Organization f)f Cities and Towns 25
.3. Changes in Classification of Cities and Towns 27
4. Additions of Platted Tracts to Cities and Towns 27
5. Alteration of Boundaries, Exclusion and Inclusion of Territory 28
7. Officers and Elections 31
9. Powers of City and Town Councils 3G
10. Powers of City and Town Councils (continued) 38
11. Ordinances — Initiative and Referendum 41
12. Contracts and Franchises 45
17. IMunicipal ( 'ourts 47
20. Fire Protection in L'uincorporated Towns — Fire Wardens, Companies
and Districts 47
22. Special Improvement Districts 48
23. ]\I>inici])al Bonds and Indebtedness 53
24. Municipal Revenue Bond Act of l!t:}9 57
25. Abatement of Smoke Nuisance 58
31. Commi.ssion Form of (Government 59
32. Commission-Manager Form of Oovernment 74
33. Commission-.Manager Form of (io\ernmcnt (c(mtinued) 91
34. City and County Consolidated (iovermnent 92
35. City and County Co7isoli<lated (;<)^■ernment (continued) 98
3(i. Metropolitan Sanitary Districts. Repealed — Section 14, Chapter 185,
Laws of 1957 " 105
37. OfT-Street Parking Facilities 106
III
TABLE OF CONTENTS
TITLE 16. COUNTIES Page
Chapter 3. Removal of County Seats 107
4. Location of County Seats 109
5. Creation of New Counties by Petition and Election 115
8. General Powers and Limitations upon Counties 125
10. General Powers and Duties of County Commissioners 126
11. Special Powers and Duties of County Commissioners 126
12. County Printing — Commissioners to Contract for 127
19. County Budget System 128
20. County Finance — Bonds and Warrants 131
22. Tax Levy for Road and Bridge Construction 134
23. Vote Necessary on Proposal to Raise Money 135
24. County Officers — Qualifications — General Provisions 137
39. County Manager Form of Government 139
40. Abandonment of Counties 141
43. Public Hospital Districts 146
45. County Water Districts 149
TITLE 19. DEFINITIONS AND GENERAL PROVISIONS
Chapter 1. Definitions and Construction of Terms — Holidays — Other General
Provisions 158
TITLE 23. ELECTIONS
Chapter 1. Time of Holding Elections— Proclamations 159
2. Publication of Questions Submitted to Popular Vote 162
3. Qualifications and Privileges of Electors 163
4. Election Precincts 167
5. Registration of Electors 169
6. Judges and Clerks of Elections 187
7. Election Supplies 191
8. Nomination of Candidates for Special Elections by Convention or
Primary Meetings or by Electors 195
9. Party Nominations by Direct Vote — The Direct Primary 205
10. Presidential Electors and Delegates to National Conventions 227
11. Ballots, Preparation and Form 229
12. Conducting Elections— The Polls— Voting and Ballots 237
13. Voting by Absent Electors 246
14. Voting by Absent Electors in United States Service 257
15. Registration of Electors Absent from County of Their Residence.... 260
16. Voting Machines — Conduct of Election When Used 261
17. Election Returns 274
18. Canvass of Election Returns— Results and Certificates 278
19. Failure of Elections — Proceedings on Tie Vote 284
20. Nonpartisan Nomination and Election of Judges of Supreme Court
and District Courts 285
21. Presidential Electors, How Chosen— Duties 290
22. Members of Congress — Elections and Vacancies 292
23. Recount of Ballots— Results 293
24. Conventions to Ratifv Proposed Amendments to Constitution of the
United States * 299
TITLE 32. HIGHWAYS, BRIDGES AND FERRIES
Chapter 7. Public Bridges 302
TITLE 37. INITIATIVE AND REFERENDUM
Chapter 1. Initiative and Referendum 302
TITLE 43. LEGISLATT'RE AND ENACTMENT OF LAWS
Chapter 1. Senatorial, Representative and Congressional Districts 308
TITLE 44. LIBRARIES
Chapter 2. County and Regional Free Libraries 311
3. City Free Public Libraries 312
IV
TABLE OF CONTENTS
TITLE 62. PARKS AND PUBLIC RE( REATION Pape
Chapter 2. City, Tow n and School District Civic Centers, Parks and Recreational
Facilities 312
TITLE 75. SCHOOLS
Chapter 13. The Public Schools— Superintendent of Public Instruction 313
15. County Superintendent of Schools 314
16. School Trustees 315
17. Budget System 321
18. School Districts 322
34. Transportation of Pupils 325
37. Finance 32()
38. Extra Taxation for School Purposes 326
39. Bonds 32!»
41. High Schools — County — Junior and District — Joint School Systems. . 335
42. High Schools — County — Junior and District — Joint School Systems
Continued — Vocational Education 341
44. Junior Colleges — Establishment by County or District High School
Boards ' 344
45. High School Budget Act 346
46. High School Districts— Public Works 346
TITLE 82. STATE OFFICERS, BOARDS AND DEPARTMENTS
Chapter 5. Clerk and Attendant of Supreme Court 350
TITLE 84. TAXATION
Chapter 47. Cities and Towns — Taxation and License 351
TITLE 89. WATERS AND IRRIGATION
Chapter 13. Irrigation Districts — Board of Commissioners, Powers, Duties and
Elections 353
23. Drainage Districts — Commissioners — Election — Organization — Re-
ports 358
TITLE 03. CIVIL PROCEDURE
Chapter 2. Supreme Court 360
3. District Coiu-ts 362
4. Justices' and Police Courts 363
TITLE 94. CRIMES AND CRIMINAL PROCEDURE
Chapter 14. Election Frauds and Offenses — Corrupt Practices Act 364
INDEX 391
5
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CONSTITUTION
ARTICLE III
A DECLAEATION OF RIGHTS OF THE PEOPLE OF THE STATE OF MONTANA
Section 2. The people of the state have the sole and exclusive right of
governing themselves, as a free, sovereign, and independent state, and to
alter and abolish their constitution and form of government, whenever they
may deem it necessary to their safety and happiness, provided such change
be not repugnant to the constitution of the United States.
Section 5. All elections shall be free and open, and no power, civil or
military, shall at any time interfere to prevent the free exercise of the right
of suffrage.
ARTICLE V
LEGISLATIVE DEPARTMENT
Section 1. The legislative authority of the state shall be vested in a
legislative assembly, consisting of a senate and house of representatives;
but the people reserve to themselves power to propose laws, and to enact or
reject the same at the polls, except as to laws relating to appropriations of
money, and except as to laws for the submission of constitutional amend-
ments, and except as to local or special laws, as enumerated in article V,
section 26, of this constitution, independent of the legislative assembly;
and also reserve power, at their own option, to approve or reject at the
polls, any act of the legislative assembly, except as to laws necessary for
the immediate preservation of the public peace, health, or safety, and ex-
cept as to laws relating to appropriations of money, and except as to laws
for the submission of constitutional amendments, and except as to local or
special laws, as enumerated in article V, section 26, of this constitution.
The first power reserved by the people is the initiative and eight per cent,
of the legal voters of the state shall be required to propose any measure
by petition; provided, that two-fifths of the whole number of the coun-
ties of the state must each furnish as signers of said petition eight per
cent, of the legal voters in such county, and every such petition shall
include the full text of the measure so proposed. Initiative petitions
shall be filed with the secretary of state, not less than four months be-
fore the election at which they are to be voted upon.
The second power is the referendum, and it may be ordered either by
petition signed by five per cent, of the legal voters of the state, pro-
vided that two-fifths of the whole number of the counties of the state
must each furnish as signers of said petition five per cent, of the legal
voters in such county, or, by the legislative assembly as other bills are
enacted.
Referendum petitions shall be filed with the secretary of state, not
later than six months after the final adjournment of the session of the
legislative assembly which passed the bill on which the referendum is
Art. V, § 2 election laws
demanded. The veto power of the governor shall not extend to meas-
ures referred to the people by the legi-slative assembly or by initiative
referendum petitions.
All elections on measures referred to the people of the state shall be
liad at the biennial regular general election, except when the legislative
assembly, by a majority vote, shall order a special election. Any meas-
ure referred to the people shall still be in full force and effect unless
such petition be signed by fifteen per cent, of the legal voters of a ma-
jority of the whole number of the counties of the state, in which case
the law shall be inoperative until such time as it shall be passed upon
at an election, and the result has been determined and declared as pro-
vided by law. The whole number of votes cast for governor at the
regular election last preceding the filing of any petition for the initia-
tive or referendum shall be the basis on which the number of legal
petitions and orders for the initiative and for the referendum shall be
filed with the secretary of state ; and in submitting the same to the
people, he, and all other officers, shall be guided by the general laws
and the act submitting this amendment, until legislation shall be espe-
cially provided therefor. The enacting clause of every law originated by
the initiative shall be as follows:
"Be it enacted by the people of Montana."
This section shall not be construed to deprive any member of the
legislative assembly of the right to introduce any measure. (As amend-
ed by Ch. 61, Laws 1905, effective December 7, 1906.)
Section 2. Senators shall be elected for the term of four years, and
representatives for the term of two years, except as otherwise provided
in this constitution.
Section 3. No person shall be a representative who shall not have
attained the age of twenty-one years, or a senator who shall not have
attained the age of twenty-four years, and who shall not be a citizen of
the United States, and who shall not (for at least twelve months next
preceding his election) have resided within the county or district in
which he shall be elected.
Section 4. The legislative assembly of this state, until otherwise
provided by law, shall consist of sixteen members of the senate, and
fifty-five members of the house of representatives.
It shall be the duty of the first legislative assembly to divide the
state into senatorial and representative districts, but there shall be no more
than one senator from each county. The senators shall be divided into two
classes. Those elected from odd-numbered districts shall constitute one
class, and those elected from even-numbered districts shall constitute the
other class ; and when any additional senator shall be provided for by law,
his class shall be determined by lot.
One-half of the senators elected to the first legislative assembly shall
hold office for one year, and the other half for three years ; and it shall be
determined by lot immediately after the organization of the senate, whether
the senators from the odd or even-numbered districts shall hold for one or
three years.
CONSTITUTION OF MONTANA ART. V, § 45
Section 9. The senate shall, at the beginuiiiy aud close oi' each regular
session, and at such other times as may be necessary, elect one of its mem-
bers president pro tempore. The house of representatives sliall elect one of
its members speaker. Each house shall choose its other officers, and shall
judge of the elections, returns, and qualifications of its members.
Section 26. The legislative assembly shall not pass local or special laws
in any of the following enumerated cases, that is to say: For granting
divorces; laying out, opening, altering or working roads or highways; va-
cating roads, town plats, streets, alleys or public grounds; locating or chang-
ing county seats ; regulating county or township affairs ; regulating the
practice in courts of justice; regulating the jurisdiction and duties of jus-
tices of the peace, police magistrates or constables ; changing the rules of
evidence in any trial or inquiry ; providing for changes of venue in civil
or criminal cases; declaring any person of age; for limitation of civil ac-
tions, or giving effect to informal or invalid deeds ; summoning or im-
paneling grand or petit juries; providing for the management of com-
mon schools ; regulating the rate of interest on money ; the opening or
conducting of any election or designating the place of voting; the sale
or mortgage of real estate belonging to minors or others under disabil-
ity; chartering or licensing ferries or bridges or toll roads; chartering
banks, insurance companies and loan and trust companies; remitting
fines, penalties or forfeitures ; creating, increasing or decreasing fees, per-
centages or allowances of public officers ; changing the law of descent ;
granting to any corporation, association or individual the right to lay
down railroad tracks, or any special or exclusive privilege, immunity or
franchise whatever ; for the punishment of crimes ; changing the names
of persons or places; for the assessment or collection of taxes; affecting
estates of deceased persons, minors or others under legal disabilities; ex-
tending the time for the collection of taxes; refunding money paid into
the state treasury; relinquishing or extinguishing in whole or in part the
indebtedness, liability or obligation of any corporation or person to this
state, or to any municipal corporation therein; exempting property from
taxation; restoring to citizenship persons convicted of infamous crimes;
authorizing the creation, extension or impairing of liens; creating offices,
or prescribing the powers or duties of officers in counties, cities, township
or school districts; or authorizing the adoption or legitimation of children.
In all other cases where a general law can be made applicable, no special
law shall be enacted.
Section 45. When vacancies, caused by death, occur in either house
of the legislative assembly, such vacancies shall be filled by appointment
by the board of county commissioners of the county from which such va-
cancy occurs. All vacancies occurring from any other cause shall be
filled by election upon proclamation of the governor. (As amended by
Ch. 137, Laws 1931, effective December 9, 1932.)
3
Art. VI, § 1 ELECTION LAWS
ARTICLE VI
APPORTIONMENT AND REPRESENTATION
Section 1. One representative in the congress of the United States
shall be elected from the state at large, the first Tuesday in October,
1889, and thereafter at such times and places, and in such manner as
may be prescribed by law. When a new appointment shall be made
by congress the legislative assembly shall divide the state into congressional
districts accordingly.
Section 2. The legislative assembly shall provide by law for an enum-
eration of the inhabitants of the state in the year 1895, and every tenth year
thereafter; and at the session next following such enumeration, and also
at the session next following an enumeration made by the authority of the
United States, shall revise and adjust the apportionment for representatives
on the basis of such enumeration according to ratios to be fixed by law.
Section 3. Representative districts may be altered from time to time as
public convenience may require. When a representative district shall be
composed of two or more counties, they shall be contiguous, and the dis-
tricts as compact as may be. No county shall be divided in the formation
of representative districts.
Section 4. Whenever new counties are created, each of said counties
shall be entitled to one senator, but in no case shall a senatorial district
consist of more than one county.
ARTICLE VII
EXECUTIVE DEPAETMENT
Section 1. The executive department shall consist of a governor, lieu-
tenant-governor, secretary of state, attorney general, state treasurer, state
auditor and superintendent of public instruction, each of whom shall hold
his office for four years, or until his successor is elected and qualified, be-
ginning on the first Monday of January next succeeding his election, except
that the terms of office of those who are elected at the first election, shall
begin when the state shall be admitted into the Union, and shall end on
the first Monday of January, A. D. 1893. The officers of the executive de-
partment, excepting the lieutenant-governor, shall during their terms of
office reside at the seat of government, where they shall keep the public
records, books and papers. They shall perform such duties as are prescribed
in this constitution and by the laws of the state. The state treasurer shall
not be eligible to his office for the succeeding term.
Section 2. The officers provided for in section 1 of this article, shall be
elected by the qualified electors of the state at the time and place of voting
for members of the legislative assembly, and the persons respectively, having
the highest number of votes for the office voted for shall be elected ; but if
two or more shall have an equal and the highest number of votes for any
one of said offices, the two houses of the legislative assembly, at its next
CONSTITUTION OF MONTANA ART. VIII, § 9
regular session, shall forthwith by joint ballot, elect one of such persons for
said office. The returns of election for the officers named in section 1 shall
be made in such manner as may be prescribed by law, and all contested elec-
tions of the same, other than provided for in this section, shall be deter-
mined as may be prescribed by law.
Section 3. No person shall be eligible to the office of governor, lieuten-
ant-governor, or superintendent of public instruction, unless he shall have
attained the age of thirty years at the time of his election, nor to the office
of secretary of state, state auditor, or state treasurer, unless he shall have
attained the age of twenty-five years, nor to the office of attorney general
unless he shall have attained the age of thirty years, and have been ad-
mitted to practice in the supreme court of the state, or territory of Mon-
tana, and be in good standing at the time of his election. In addition to the
qualifications above prescribed, each of the officers named shall be a citizen
of the United States, and have resided within the state or territory two
years next preceding his election.
ARTICLE VIII
JUDICIAL DEPAETMENTS
SUPREME COURT
Section 6. The justices of the supreme court shall be elected by the
electors of the state at large, as hereinafter provided.
Section 7. The term of office of the justices of the supreme court, ex-
cept as in this constitution otherwise provided, shall be six years.
Section 8. There shall be elected at the first general election, provided
for by this constitution, one chief justice and two associate justices of the
supreme court. At said first election the chief justice shall be elected to
hold his office until the general election in the year one thousand eight
hundred ninety-two (1892), and one of the associate justices to hold office
until the general election in the year one thousand eight hundred ninety-
four (1894), and the other associate justice to hold his office until the gen-
eral election in the year one thousand eight hundred ninety-six (1896), and
each shall hold until his successor is elected and qualified. The terms of
office of said justices, and which one shall be chief justice, shall at the first
and all subsequent elections be designated by ballot. After said first elec-
tion one chief justice or one associate justice shall be elected at the general
election every two years, commencing in the year one thousand eight hun-
dred ninety-two (1892), and if the legislative assembly shall increase the
number of justices to five, the first terms of office of such additional justices
shall be fixed by law in such manner that at least one of the five justices
shall be elected every two years. The chief justice shall preside at all sessions
of the supreme court, and in case of his absence, the associate justice having
the shortest term to serve shall preside in his stead.
Section 9. There shall be a clerk of the supreme court, who shall hold
his office for the term of six years, except that the clerk first elected shall
Art. VIII, § 10 election laws
hold his office only until the general election in the year one thousand
eight hundred ninety-two (1892), and until his successor is elected and
qualified. He shall be elected by the electors at large of the state, and his
compensation shall be fixed by law, and his duties prescribed by law, and
by the rules of the supreme court.
Section 10. No person shall be eligible to the office of justice of the
supreme court, unless he shall have been admitted to practice law in the
supreme court of the territory or state of Montana, be at least thirty years
of age, and a citizen of the United States, nor unless he shall have resided
in said territory or state at least two years next preceding his election.
DISTRICT COURTS
Section 12. The state shall be divided into judicial districts, in each of
which there shall be elected by the electors thereof one judge of the district
court, whose term of office shall be four years, except that the district
judges first elected shall hold their offices only until the general election
in the year one thousand eight hundred and ninety -two (1892), and until
their successors are elected and qualified. Any judge of the district court
may hold court for any other district judge, and shall do so when required
by law.
Section 13. Until otherwise provided by law judicial districts of the
state shall be constituted as follows: First district, Lewis and Clark coun-
ty; second district, Silver Bow county; third district. Deer Lodge county;
fourth district, Missoula county ; fifth district, Beaverhead, Jefferson and
Madison counties ; sixth district, Gallatin, Park and Meagher counties ;
seventh district, Yellowstone, Custer and Dawson counties ; eighth dis-
trict, Choteau, Cascade and Fergus counties.
Section 16. No person shall be eligible to the office of judge of the
district court unless he be at least twenty-five years of age and a citizen
of the United States, and shall have been admitted to practice law in the
supreme court of the territory or state of Montana, nor unless he shall
have resided in this state or territory at least one year next preceding his
election. He need not be a resident of the district for which he is
elected at the time of his election, but after his election he shall reside in
the district for which he is elected during his term of office.
Section 18. There shall be a clerk of the district court in each county,
who shall be elected by the electors of his county. The clerk shall be
elected at the same time and for the same term as the district judge. The
duties and compensation of the said clerk shall be as provided by law.
COUNTY ATTORNEYS
Section 19. There shall be elected at the general election in each county
of the state one county attorney, whose qualifications shall be the same as
are required for a judge of the district court, except that he must be over
twenty-one years of age, but need not be twenty-five years of age, and
whose term of office shall be two years, except that the county attorneys
first elected shall hold their offices until the general election in the year
CONSTITUTION OF MONTANA
Art. IX, § 1
one thousand eight hundred and ninety-two (1892), and until their suc-
cessors are elected and qualified. He shall have a salary to be fixed by
law, one-half of which shall be paid by the state, and the other half by
the county for which he is elected, and he shall perform such duties as
may be required by law.
Proposed Amendment
Chapter 164, Laws of 1961, proposed an
amendment to this section, to be submitted
to the voters at the November, 1962 elec-
tion. After the amendment, if it is ap-
proved by the voters, this section will
read: "Sec. 19. There shall be elected at
the general election in each county of the
state one county attorney, whose qualifica-
tions shall be the same as are required for
a judge of the district court, except that
he must be over twenty-one years of age,
but need not be twenty-five years of age,
and whose term of office shall be four
years, and until their successors are elect-
ed and qualified. He shall have a salary to
be fixed by law, one-half of which shall be
paid by the state, and the other half by
the county for which he is elected, and he
shall perform such duties as may be re-
quired by law." Laws 1961, ch. 164, sec.
2, approved March 6, 1961.
JUSTICES OF THE PEACE
Section 20. There shall be elected in each organized township of each
county by the electors of such township at least two justices of the peace,
who shall hold their offices, except as otherwise provided in this constitu-
tion, for the term of two years. Justices' courts shall have such original
jurisdiction within their respective counties as may be prescribed by law,
except as in this constitution otherwise provided ; provided, that they
shall not have jurisdiction in any case where the debt, damage, claim or
value of the property involved exceeds the sum of three hundred dollars.
Proposed Repeal repeal of sections 20 to 24. Approved
Section 5, Ch. 121, Laws 1961, proposed March 2, 1961.
MISCELLANEOUS PEOVISIONS
Section 34. Vacancies in the office of justice of the supreme court, or
judge of the district court, or clerk of the supreme court, shall be filled by
appointment, by the governor of the state, and vacancies in the offices of
county attorney, clerk of the district court, and justices of the peace, shall
be filled by appointment, by the board of county commissioners of the
county where such vacancy occurs. A person appointed to fill any such
vacancy shall hold his office until the next general election and until his
successor is elected and qualified. A person elected to fill a vacancy shall
hold office until the expiration of the term for which the person he suc-
ceeds was elected.
Proposed Amendment
Chapter 121, Laws of 1961, proposed an
amendment to this section. After the
amendment, if it is approved by the
voters, this section will read: "Sec. 34.
Vacancies in the office of justice of the
supreme court, or judge of the district
court, or clerk of the supreme court, shall
be filled by appointment, by the governor
of the state, and vacancies in the offices
of county attorney, and clerk of the dis-
trict court, shall be filled by appointment,
by the board of county commissioners of
the county where such vacancy occurs. A
person appointed to fill any such vacancy
shall hold his office until the next general
election and until his successor is elected
and qualified. A person elected to fill a
vacancy shall hold office until the expira-
tion of the term for which the person he
succeeds was elected." Laws 1961, ch.
121, sec. 4, approved March 2, 1961.
ARTICLE IX
EIGHTS OF SUFFRAGE AND QUALIFICATIONS TO HOLD OFFICE
Section 1. All elections by the people shall be by ballot.
Art. IX, § 2 ELECTION LAWS
Section 2. Every person of the age of twenty-one years or over,
possessing the following qualifications, shall be entitled to vote at all
general elections and for all officers that now are, or hereafter may be,
elective by the people, and, except as hereinafter provided, upon all
questions whicli may be submitted to the vote of the people or electors:
First, he shall be a citizen of the United States; second, he shall have re-
sided in this state one year immediately preceding the election at which he
offers to vote, and in the town, county or precinct such time as may be
prescribed by law. If the question submitted concerns the creation of any
levy, debt or liability the person, in addition to possessing the qualifications
above mentioned, must also be a taxpayer whose name appears upon the
last preceding completed assessment roll, in order to entitle him to vote
upon such question. Provided, first, that no person convicted of felony
shall have the right to vote unless lie has been pardoned or restored to
citizenship by the governor: provided, second, that nothing herein con-
tained shall be construed to deprive any person of the right to vote who
has such right at the time of the adoption of this constitution; provided,
that after the expiration of five years from the time of the adoption of this
constitution, no person except citizens of the United States shall have the
right to vote, (As amended by Ch. 101, Laws 1931, effective December 9,
1932.)
Section 3. For the purpose of voting no person shall be deemed to have
gained or lost a residence by reason of his presence or absence while em-
ployed in the service of the state, or of the United States, nor while engaged
in the navigation of the waters of the state, or of the United States, nor
while a student at any institution of learning, nor while kept at any alms-
house or other asylum at the public expense, nor while confined in any
public prison.
Section 4. Electors shall in all cases, except treason, felony or breach
of peace, be privileged from arrest during their attendance at elections
and in going to and returning therefrom.
Section 5. No elector shall be obliged to perform military duty on the
days of election, except in time of war or public danger.
Section 6. No soldier, seaman or marine in the army or navy of the
United States shall be deemed a resident of this state in consequence of
being stationed at any military or naval place within the same.
Section 7. No person shall be elected or appointed to any office in this
state, civil or military, who is not a citizen of the United States, and Avho
shall not have resided in this state at least one year next before his elec-
tion or appointment.
Section 8. No idiot or insane person shall be entitled to vote at any
election in this state.
Section 9. The legislative assembly shall have the power to pass a
registration and such other laws as may be necessary to secure the purity
of elections and guard against abuses of the elective franchise.
8
CONSTITUTION OF MONTANA ART. XI, §10
Section 10. All persons possessing the qualifications for suffrage pre-
scribed by Section 2 of this article as amended and such other qualifi-
cations as the legislative assembly may by law prescribe, shall be eligible
to hold the office of county superintendent of schools or any other school
district office. (As amended by Ch. 97, Laws 1923, effective December 9,
1924.)
Section 11. Any person qualified to vote at general elections and for
state officers in this state, shall be eligible to any office therein except as
otherwise provided in this constitution, and subject to such additional quali-
fications as may be prescribed by the legislative assembly for city offices
and offices hereafter created.
Section 12. Upon all questions submitted to the vote of the taxpayers
of the state, or any political division thereof, women who are taxpayers and
possessed of the qualifications for the right of suffrage required of men by
this constitution, shall equally with men have the right to vote.
Section 13. In all elections held by the people under this constitution,
the person or persons who shall receive the highest number of legal votes
shall be declared elected.
ARTICLE X
STATE INSTITUTIONS AND PUBLIC BUILDINGS
Section 2. At the general election in the year one thousand eight hun-
dred and ninety-two, the question of permanent location of the seat of gov-
ernment is hereby provided to be submitted to the qualified electors of the
state, and the majority of all the votes upon said question shall determine
the location thereof. In case there shall be no choice of location at said
election, the question of choice between the two places for which the highest
number of votes shall have been cast shall be, and is hereby, submitted in
like manner to the qualified electors at the next general election thereafter;
provided, that until the seat of government shall have been permanently
located the temporary seat of government shall be and remain at the city
of Helena.
Section 3. When the seat of government shall have been located as
herein provided the location thereof shall not thereafter be changed, except
by a vote of two-thirds of all the qualified electors of' the state voting on
that question at a general election at which the question of the location of
the seat of government shall have been submitted by the legislative as-
sembly.
ARTICLE XI
EDUCATION
Section 10. The legislative assembly shall provide that all elections for
school district officers shall be separate from those elections at which state
or county officers are voted for.
Art. XII, § 9 ELECTION laws
ARTICLE XII
REVENUE AND TAXATION
Section 9. The rate of taxation on real and personal property for state
purposes, except as hereinafter provided, shall never exceed two and one-
lialf mills on each dollar of valuation ; and whenever the taxable property of
the state shall amount to six hundred million dollars ($600,000,000.00) the
rate shall never exceed two (2) mills on each dollar of valuation, unless the
proposition to increase such rate, specifying the rate proposed and the time
during which the rate shall be levied shall have been submitted to the
people at the general election and shall have received a majority of all
votes cast for and against it at such election ; provided, that in addition to
the levy for state purposes above provided for, a special levy in addition
may be made on live stock for the purpose of paying bounties on wild
animals and for stock inspection, protection and indemnity purposes, as
may be prescribed by law, and such special levy shall be made and levied
annually in amount not exceeding four mills on the dollar by the state
board of equalization, as may be provided by law. (As amended by Ch. 4,
Laws 1909, effective December 6, 1910.)
ARTICLE Xm
PUBLIC INDEBTEDNESS
Section 2. The legislative assembly shall not in any manner create
any debt except by law which shall be irrepealable until the indebtedness
therein provided for shall have been fully paid or discharged; such law
shall specify the purpose to which the funds so raised shall be applied and
provide for the levy of a tax sufficient to pay the interest on, and extin-
guish the principal of such debt Avithin the time limited by such law "for
the payment thereof; but no debt or liability shall be created which shall
singly, or in the aggregate with any existing debt or liability, exceed the
sum of one hundred thousand dollars ($100,000) except in case of war, to
repel invasion or suppress insurrection, unless the law authorizing the
same shall have been submitted to the people at a general election and shall
have received a majority of the votes cast for and against it at such election.
Section 5. No county shall be allowed to become indebted in any man-
ner, or for any purpose, to an amount, including existing indebtedness, in
the aggregate, exceeding five (5) per centum of the value of the taxable
property therein, to be ascertained by the last assessment for state and
county taxes previous to the incurring of such indebtedness, and all bonds
or obligations in excess of such amount given by or on behalf of such county
shall be void. No county shall incur any indebtedness or liability for any
single purpose to an amount exceeding ten thousand dollars ($10,000)
without the approval of a majority of the electors thereof, voting at an
election to be provided by law.
Section 6. No city, town, township, school district or high school dis-
trict shall be allowed to become indebted in any manner or for any purpose
to an amount, including existing indebtedness, in the aggregate exceeding
10
CONSTITUTION OF MONTANA ART. XVI, § 4
five per centum (5%) of the value of the taxable property therein, to be as-
certained by the last assessment for state and county taxes previous to
the incurring of such indebtedness, and all bonds or obligations in excess
of such amount given by or on behalf of such city, tov^^n, township, school
district or high school district shall be void ; and each school district and
each high school district shall have separate and independent bonding
capacities within the limitation of this section; provided, however, that the
legislative assembly may extend the limit mentioned in this section, by
authorizing municipal corporations to submit the question to a vote of the
taxpayers affected thereby, when such increase is necessary to construct a
sewerage system or to procure a supply of water for such municipality which
shall own and control said water supply and devote the revenues derived
therefrom to the payment of the debt. (As amended by Ch. 193, Laws 1949,
effective December 6, 1950; Ch. 161, Laws 1957, effective December 8, 1958.)
ARTICLE XVI
COUNTIES— MUNICIPAL CORPORATIONS AND OFFICES
Section 2. The legislative assembly shall have no power to remove the
county seat of any county, but the same shall be provided for by general
law; and no count}' seat shall be removed unless a majority of the quali-
fied electors of the county, at a general election on a proposition to remove
the county seat, shall vote therefor ; but no such proposition shall be sub-
mitted oftener than once in four years.
Section 4. In each county there shall be elected three county commis-
sioners, whose term of office shall be six years ; provided that each county
in the state of Montana shall be divided into three commissioner districts,
to be designated as commissioner districts, numbers one, two and three,
respectively.
The board of county commissioners shall in every county in the state of
Montana, at their regular session, on the first Monday in May, 1929, or as
soon thereafter as convenient or possible, not exceeding sixty days there-
after, meet and by and under the direction of the district court judge or
judges of said county, divide their respective counties into three commis-
sioner districts as compact and equal in population and area as possible,
and number them respectively, one, two and three, and when such division
has been made, there shall be filed in the office of the county clerk and re-
corder of such county, a certificate designating the metes and bounds of
the boundary lines and limits of each of said commissioners districts, which
certificate shall be signed by said judge or judges; provided, also that at
the first regular session of any ncAvly organized and created county, the
said board of county commissioners, by and under the direction of the
district court judge or judges of said county, shall divide such new county
into commissioner districts as herein provided.
Upon such division, the board of county commissioners shall assign its
members to such districts in the following manner; each member of the
said board then in service shall be assigned to the district in which he is
residing or the nearest thereto ; the senior member of the board in service
11
Art. XVI, § 5 ELECTION LAWS
to be assigned to the commissioner district No. 1, the next member in
seniority to be assigned to commissioner district No. 2, and the junior mem-
ber of the board to be assigned to commissioner district No. 3 ; provided,
that at the first general election of any newly created and organized coun-
ty, the commissioner for district No. 1, shall be elected for two years, for
No. 2, for four years, and for No. 3, for six years, and biennially thereafter
there shall be one commissioner elected to take place of the retiring com-
missioner, who shall hold his office for six years.
That the board of county commissioners by and under the direction of
the district court judge or judges of said county, for the purpose of equal-
izing in population and area such commissioner districts, may change the
boundaries of any or all of the commissioner districts in their respective
county, by filing in the office of the county clerk and recorder of such coun-
ty, a certificate signed by said judge or judges designating by metes and
bounds the boundary lines of each of said commissioner districts as
changed, and such change in any or all the districts in such county, shall
become effective from and after filing of such certificate ; provided, however,
that the boundaries of no commissioner district shall at any time be changed
in such a manner as to affect the term of office of any county commissioner
who has been elected, and whose term of office has not expired ; and pro-
vided, further, that no change in the boundaries of any commissioner dis-
trict shall be made within six months next preceding a general election.
At the general election to be held in 1930, and thereafter at each general
election, the member or members of the board to be elected, shall be selected
from the residents and electors of the district or districts in which the
vacancy occurs, but the election of such member or members of the board
shall be submitted to the entire electorate of the county, provided, however,
that no one shall be elected as a member of said board, who has not resided
in said district for at least two years next preceding the time when he shall
become a candidate for said office.
When a vacancy occurs in the board of county commissioners the judge
or judges of the judicial district in which the vacancy occurs, shall appoint
someone residing in such commissioner district where the vacancy occurs, to
fill the office until the next general election when a commissioner shall be
elected to fill the unexpired term. (As amended by Ch. 72, Laws 1927,
effective December 8, 1928.)
Section 5. There shall be elected in each county the following county
officers who shall possess the qualifications for suffrage prescribed by sec-
tion 2 of article IX of this constitution and such other qualifications as may
be prescribed by law :
One county clerk who shall be clerk of the board of county commission-
ers and ex-officio recorder ; one sheriff ; one treasurer, who shall be collector
of the taxes, provided, that the county treasurer, shall not be eligible to his
office for the succeeding term ; one county superintendent of schools ; one
county surveyor; one assessor; one coroner; one public administrator. Per-
sons elected to the different offices named in this section shall hold their
respective offices for the term of four (4) years, and until their successors
are elected and qualified. Vacancies in all county, township and precinct offi-
ces, except that of county commissioners, shall be filled by appointment by
12
CONSTITUTION OF MONTANA ART. XIX, § 1
the board of county commissioners, and the appointee shall hold his office
until the next general election ; provided, however, that the board of coun-
ty commissioners of any county may, in its discretion, consolidate any two
or more of the within named offices and combine the powers and the duties
of the said offices consolidated ; however, the provisions hereof shall not be
construed as allowing one (1) office incumbent to be entitled to the salaries
and emoluments of two (2) or more offices; provided, further, that in con-
solidating county offices, the board of county commissioners shall, six (6)
months prior to the general election held for the purpose of electing the
aforesaid offices, make and enter an order, combining any two (2) or more
of the within named offices, and shall cause the said order to be published
in a newspaper, published and circulated generally in said county, for a
period of six (6) weeks next following the date of entry of said order. (As
amended by Ch. 93, Laws 1937, effective December 2, 1938.)
Section 6. The legislative assembly may provide for the election or ap-
pointment of such other county, township, precinct and municipal officers
as public convenience may require and their terms of office shall be as pre-
scribed by law, not in any case to exceed two years, except as in this con-
stitution otherwise provided.
Section 7. The legislative assembly may, by general or special law,
provide any plan, kind, manner or form of municipal government for coun-
ties, or counties and cities and towns, or cities and towns, and whenever
deemed necessary or advisable, may abolish city or town government and
unite, consolidate or merge cities and towns and county under one
municipal government, and any limitations in this constitution not-
withstanding, may designate the name, fix and prescribe the number,
designation, terms, qualifications, method of appointment, election or
removal of the officers thereof, define their duties and fix penalties for
the violation thereof, and fix and define boundaries of the territory so
governed, and may provide for the discontinuance of such form of govern-
ment when deemed advisable ; provided, however, that no form of govern-
ment permitted in this section shall be adopted or discontinued until after
it is submitted to the qualified electors in the territory affected and by them
approved. (As enacted by Ch. 113, Laws 1921, effective December 14, 1922.)
Section 8. Any county or counties in existence on the first day of Janu-
ary, 1935, under the laws of the state of Montana or which may thereafter be
created or established thereunder shall not be abandoned, abolished and/or
consolidated either in whole or in part or at all with any other county or
counties except by a majority vote of the duly qualified electors in each
county proposed to be abandoned, abolished and/or consolidated with any
other county or counties expressed at a general or special election held
under the laws of said state. (As added by Ch. 102, Laws 1935, effective
December 2, 1936.)
ARTICLE XIX
MISCELLANEOUS SUBJECTS AND FUTUEE AMENDMENTS
Section 1. Members of the legislative assembly and all officers, execu-
tive, ministerial or judicial, shall, before they enter upon the duties of
13
Art. XIX, § 8 election laws
their respective offices, take and subscribe the following oath or affirma-
tion, to-wit: "I do solemnly swear (or affirm) that I will support, protect
and defend the constitution of the United States, and the constitution of
the state of Montana, and that I will discharge the duties of my office with
fidelity; and that I have not paid, or contributed, or promised to pay or
contribute, either directly or indirectly, any money or other valuable thing
to procure my nomination or election (or appointment) except for neces-
sary and proper expenses expressly authorized by law ; that I have not
knowingly violated any election law of this state, or procured it to be done
by others in my behalf; that I will not knowingly receive, directly, or in-
directly, any money or other valuable thing for the performance or non-
performance of any act or duty pertaining to my office other than the
compensation allowed by law, so help me God." And no other oath, decla-
ration or test shall be required as a qualification for any office or trust.
Section 8. The legislative assembly may at any time, by a vote of two-
thirds of the members elected to each house, submit to the electors of the
state the question whether there shall be a convention to revise, alter, or
amend this constitution; and if a majority of those voting on the question
shall declare in favor of such convention, the legislative assembly shall
at its next session provide for the calling thereof. The number of mem-
bers of the convention shall be the same as that of the house of representa-
tives, and they shall be elected in the same manner, at the same places,
and in the same districts. The legislative assembly shall in the act calling
the convention designate the day, hour and place of its meeting, fix the
pay of its members and officers, and provide for the payment of the same,
together with the necessarj^ expenses of the convention. Before proceed-
ing, the members shall take an oath to support the constitution of the
United States and of the state of Montana, and to faithfully discharge
their duties as members of the convention. The qualifications of members
shall be the same as of the members of the senate, and vacancies occurring
shall be filled in the manner provided for filling vacancies in the legislative
assembly. Said convention shall meet within three months after such
election and prepare such revisions, alterations or amendments to the con-
stitution as may be deemed necessary, which shall be submitted to the
electors for their ratification or rejection at an election appointed by the
convention for that purpose, not less than two nor more than six months
after the adjournment thereof; and unless so submitted and approved by
a majority of the electors voting at the election, no such revision, altera-
tion or amendment shall take effect.
Section 9. Amendments to this constitution may be proposed in either
house of the legislative assembly, and if the same shall be voted for by
two-thirds of the members elected to each house, such proposed amend-
ments, together with the ayes and nays of each house thereon, shall be
entered in full on their respective journals; and the secretary of state shall
cause the said amendment or amendments to be published in full in at least
one newspaper in each county (if such there be) for three months previous
to the next general election for members to the legislative assembly; and
at said election the said amendment or amendments shall be submitted to
the qualified electors of the state for their approval or rejection and such
14
ALCOHOLIC BEVERAGES 1-804
as are approved by a majority of those voting thereon shall become part
of the constitution. Should more amendments than one be submitted at
the same election, they shall be so prepared and distinguished by numbers
or otherwise that each can be voted upon separately; provided, however,
that not more than three amendments to this constitution shall be submitted
at the same election.
TITLE 1
AERONAUTICS
CHAPTER 8
ESTABLISHMENT OF AIEPOKTS BY COUNTIES AND CITIES-
MUNICIPAL AIRPORTS ACT
Section 1-804. Tax levy for establishment and operation of airports.
1-804. (5668.38) Tax levy for establishment and operation of airports.
For the purpose of establishing, constructing, equipping, maintaining and
operating airports and landing fields under the provisions of this act the
county commissioners of the city or town council may each year assess and
levy in addition to the annual levy for general administrative purposes, a
tax of not to exceed two (2) mills on the dollar of taxable value of the
property of said county, city or town. In the event of a jointly established
airport or landing field, the county commissioners and the council or coun-
cils involved shall determine in advance the levy necessary for such purposes
and the proportion each political subdivision joining in the venture shall
pay, based upon the benefits it is determined each shall derive from the
project. Provided that if it be found that the levy hereby authorized will be
insufficient for the purposes herein enumerated, the commissioners and coun-
cils acting are hereby authorized and empowered to contract an indebted-
ness on behalf of such county, city or town, as the case may be, upon the
credit thereof by borrowing money or issuing bonds for such purposes,
provided that no money may be borrowed and no bonds may be issued for
such purpose until the proposition has been submitted to the taxpayers
affected thereby, and a majority vote be east therefor.
History: En. Sec. 4, Ch. 108, L. 1929;
amd. Sec. 4, Cli. 54, L. 1941; amd. Sec. 1,
Ch. 54, L. 1945.
TITLE 4
ALCOHOLIC BEVERAGES
CHAPTER 1
STATE LIQUOR CONTROL ACT OF MONTANA— LICENSING— SALE
OF ALCOHOLIC BEVERAGES BY STATE LIQUOR STOEES
Section 4-142. Local option law — petition — time for election.
4-143. Notice of election.
4-144. Ballots, what to contain.
15
4-142 ELECTION LAWS
4-145. Election, how held.
4-146. Dealing in intoxicating liquors prohibited if majority of vote against
sale.
4-147. No election more than once in two years.
4-148. Sale of liquors prohibited.
4-149. Election, how contested.
4-142. (2815.96) Local option law — petition — time for election. Elec-
tion to be ordered upon application of one-third of the voters of any county.
Upon application by petition, signed by one-third of the voters who are
qualified to vote for members of the legislative assembly in any county in
the state, the board of county commissioners must order an election to be
held at the places of holding elections for county officers, to take place
within forty days after the reception of such petition, to determine whether
or not any spirituous or malt liquors, wine, or cider, or any intoxicating
liquors or drinks may be sold within the limits of the county. No election,
under this section must take place in any month in which general elections
are held. The board of county commissioners must determine on the suf-
ficiency of the petition presented from the roll of registered electors of the
territory affected.
History: En. Sec. 37, Ch. 105, L. 1933.
4-143. (2815.97) Notice of election. The notice of election must be
published once a week for four weeks in such newspapers of the county
where the election is to be held as the board of county commissioners may
think proper.
History: En. Sec. 38, Ch. 105, L. 1933.
4-144. (2815.98) Ballots, what to contain. The county clerk must fur-
nish the ballots to be used at such election, as provided in the general
election law, which ballots must contain the following words : "Sale of in-
toxicating liquors, yes" ; "Sale of intoxicating liquors, no" ; and the elector
in order to vote must mark an X opposite one of the answers.
History: En. Sec. 39,' Oil. 105, L. 1933.
4-145. (2815.99) Election, how held. The polling places must be estab-
lished, the judges and other officers to conduct the election must be desig-
nated, and the election must be held, canvassed and returned in all respects
in conformity to the laws of the state.
History: En. Sec. 40, Ch. 105, L. 1933.
4-146. (2815.100) Dealing in intoxicating li(juors prohibited if majority
of vote aguinst sale. If a majority of the votes cast are "Sale of intoxi-
cating liquors, no," the board of county commissioners must publish the
result once a week for four weeks in the paper in which the notice of the
election was given. The provisions of this act shall take effect at the expira-
tion of the time of the publication of the notice, and thereupon all existing
licenses shall be cancelled.
History: En. Sec. 41, Ch. 105, L. 1933.
4-147. (2815.101) No election more than once in two years. No election
must be held in the same county oftener than once in two years thereafter.
History: En. Sec. 42, Ch. 105, L. 1933.
16
ALCOHOLIC BEVERAGES 4-350
4-148. (2815.102) Sale of liquors prohibited. If a majority of the votes
at the election are, "Sale of intoxicating liquors, no," it shall not be lawful
for any person within the county in which the vote was taken, to sell, either
directly or indirectly, or give away, to induce trade at any place of business,
or furnished to any person, any alcoholic, spirituous, malt, or intoxicating
liquors.
History: En. Sec. 43, Ch. 105, L. 1933.
4-149. (2815.103) Election, how contested. Any election held under
the provisions of this act may be contested in the same manner as provided
by the general laws.
History: En. Sec. 44, Ch, 105, L. 1933.
CHAPTER 3
MONTANA BEER ACT— LICENSING SALE OF BEER UNDER SUPERVISION
OF STATE LIQUOR CONTROL BOARD
Section 4-303. Closing hours for licensed retail beer establishments.
4-350. Election to determine whether or not beer should be sold in county to
be ordered upon application of one-third of the voters.
4-351. Notice of election.
4-352. Ballots — what to contain.
4-353. Election — how held.
4-354. Effect when vote is against sale of beer.
4-355. No election more than once in two years.
4-356. Election — how contested.
4-303. Closing hours for licensed retail beer establishments. Hereafter
all licensed establishments wherein beer as defined by subsection (b) of
section 4-302, is sold, offered for sale or given away at retail shall be closed
during the following hours :
(a) Sunday from two A. M. to one P. M. ; •
(b) On any other day between two A. M. and eight A. M. ;
(c) On any day of a biennial general or primary election at which state
and national officers are elected, during the hours when the polls are open,
but not upon the day of any other election ; provided, however, that when
any municipal incorporation has by ordinance further restricted the hours
of sale of beer, then the sale of beer is prohibited within the limits of any
such city or town during the times such sale is prohibited by this act and
in addition thereto during the hours that it is prohibited by such ordinance.
History: En. Sec. 1, Ch. 161, L. 1943;
amd. Sec. 1, Ch. 162, L. 1959.
4-350. (2815.53) Election to determine whether or not beer should be
sold in county to be ordered upon application of one-third of the voters.
Upon application by petition, signed by one-third (1/3) of the voters who
are qualified to vote for members of the legislative assembly in any county
in the state, the board of county commissioners must order an election to be
held at the places of holding elections for county officers, to take place
within forty (40) days after the reception of such petition, to determine
whether or not the sale of beer as herein provided for shall be permitted
within the limits of the county. No election, under this section must take
place in any month in which the general elections are held. It shall be the
duty of the board of county commissioners to determine the sufficiency of
17
4-351 ELECTION LAWS
the petitions presented from an examination of the roll of qualified electors
within the county.
History: En. Sec. 50, Ch. 106, L. 1933.
4-351. (2815.54) Notice of election. The notice of election must be
published once a week for four (4) weeks in such newspapers of the county
where the election is to be held as the board of county commissioners may
think proper.
History: En, Sec. 51, cai. 106, L. 1933.
4-352. (2815.55) Ballots — what to contain. The county clerk must fur-
nish the ballots to be used at such election, as provided in the general elec-
tion laws, which ballots must contain the following words: "Sale of beer,
yes"; "Sale of beer, no." And the elector in order to vote must mark an
"X" opposite one (1) of the answers.
History: En. Sec. 52, Ch. 106, L. 1933.
4-353. (2815.56) Election — ^howheld. The polling places must be estab-
lished, the judges and other officers to conduct the election must be desig-
nated, and the election must be held, canvassed and returned in all respects
in conformity to the general election laws of the state of Montana.
History: En. Sec. 53, Ch. 106, L. 1933.
4-354. (2815.57) Effect when vote is against sale of beer. If a majority
of the votes cast are against the sale of beer the board of county commis-
sioners must publish the result once a week for four (4) weeks in the
newspapers in which the notices of election were published, and from the
date of the election no further licenses to vend beer in the county shall be
issued by the board of equalization, and after the publication of notice
proclaiming the result of the election as against the sale of beer, all
licenses then existing shall be cancelled by the state board of equalization,
and thereafter it shall be unlawful to sell any beer in any sucli county.
History: En. Sec. 54, Oh. 106, L. 1933.
4-355. (2815.58) No election more than once in two years. No election
shall be held in the same county oftener than once in any two (2) years.
History: En. Sec. 55, Oh. 106, L. 1933.
4-356. (2815.59) Election — how contested. Any election held under
the provisions of this act may be contested in the same manner as other
elections under the laws of this state.
History: En. Sec. 56, Oh. 106, L 1933.
CHAPTER 4
MONTANA RETAIL LIQUOR LICENSE ACT— SALES BY LICENSEES OF BOARD
Section 4-414. Hours for sale of liquor.
4-431. Act when effective — protests — elections.
4-432. Publication notice of election.
4-433. Form of ballots.
4-434. Polling places — conduct of elections.
4-435, Effect of election — penalty — liquor store sales not affected.
4-436. Contest of election.
4-437. Restriction on holding second election.
18
ALCOHOLIC BEVERAGES 4-433
4-414. Hours for sale of liquor. No liquor shall be sold, offered for
sale or given away upon any premises licensed to sell liquor at retail during
the following hours :
(a) Sunday, from two A. M. to one P. M. ;
(b) On any other day between two A. M. and eight A. M. ;
(c) On any day of a biennial general or primary election at which state
and national officers are elected, during the hours when the polls are open,
but not upon the day of any other election ; provided, however, when any
city, or incorporated or unincorporated town has any ordinance further
restricting the hours of sale of liquor, such restricted hours shall be the
hours during which the sale of liquor at retail shall not be permitted within
the jurisdiction of any such city or town.
History: En. Sec. 12, Ch. 84, L. 1937;
amd. Sec. 2, Ch. 162, L. 1959.
4-431. Act when effective — protests — elections. The provisions of this
act as to the issuance of licenses as herein provided shall be effective thirty
(30) days after the passage and approval of this act. In the event that
during the said period of thirty (30) days, a duly verified petition in writing
signed by not less than thirty-five per centum (35%) of the registered
qualified electors of anj" county file with the board of county commissioners
their protest against the issuance of any licenses as herein provided by the
Montana liquor control board under the provisions of this act, then the
said Montana liquor control board shall not issue any license or licenses
within said county, except as herein provided.
The board of county commissioners must within five (5) days after the
filing of said petition, meet and determine the sufficiency of the petition
presented by ascertaining whether or not at least thirty-five per centum
(35%) of the signers of said petition are registered electors of the territory
or county affected. The board of county commissioners must within ten
(10) days after the filing of such petition, if such petition be sufficient
therefor make an order calling an election to be held within the county
in the manner and at the places of holding an election for county offices
in such county. Such election to be held on a day fixed by the board of
county commissioners not more than thirty (30) days after the filing of
such petition for the purpose of determining whether or not any license
for the sale of spirituous liquors may be sold within the limits of the county
as provided by the provisions of this act.
History: En. Sec. SO, Ch. 84, L. 1937.
4-432. Publication notice of election. The notice of election must be
published once a week for four (4) weeks in such newspapers in the county
where the election is to be held as the board of county commissioners may
think proper.
History: En. Sec. 31, Ch. 84, L. 1937.
4-433. Form of ballots. The county clerk must furnish the ballots to be
used at such election, as provided in the general election law, which ballots
must contain the following words : "Sale of Alcoholic Beverages, Yes," "Sale
of Alcoholic Beverages, No," and the elector in order to vote must mark an
"X" opposite one of the answers.
History: En. Sec. 32, Ch. 84, L. 1937.
19
4-434 ELECTION LAWS
4-434. Polling places — conduct of elections. The polling places must
be established, the judges and other officers to conduct the election must be
designated, and the election must be held, canvassed and returned in all
respects in conformity to the laws of the state.
History: En. Sec. 33, Ch. 84, L. 1937.
4-435. Effect of election — penalty — liquor store sales not affected. If
a majority of the votes cast are "Sale of Alcoholic Beverages, Yes," the
provisions of this act shall take effect immediately. If a majority of the
votes cast are "Sale of Alcoholic Beverages, No," the board of county com-
missioners must publish the result once a Aveek for four (4) successive weeks
in the paper in which the notice of election was given, and at the expiration
of the time of the publication of such notice all existing licenses shall be
cancelled and it shall thereupon be unlawful to sell, either directly or in-
directly, any liquor in such county under penalty of a fine of not more than
five hundred dollars ($500.00) or by imprisonment in the county jail for a
period not exceeding six (6) months, or by both such fine and imprison-
ment; provided, however, that nothing herein contained shall be construed
to prevent or prohibit the sale of liquor at or by a state liquor store under
the liquor control act.
History: En. Sec. 34, Ch. 84, L. 1937.
4-436. Contest of election. Any election held under the provisions of
the act may be contested in the same manner as provided by the general
election laws.
History: En. Sec. 35, Ch. 84, L. 1937.
4-437. Restriction on holding second election. If no petition protesting
against the issuance of licenses as herein provided be filed with the board of
county commissioners within thirty (30) days after the passage and approval
of this act, or if a majority of the votes cast at any election held in pur-
suance of the filing of said petition as herein provided, are "Sale of Alcoholic
Beverages, No," then there shall not be submitted to the qualified electors
of said county any other or further question as to the sale of alcoholic
beverages within said county for a period of two (2) years from and after
the date of the filing of said petition protesting the issuance of said license
as herein provided with the board of county commissioners.
History: En. Sec. 36, Ch. 84, L. 1937.
TITLE 9
CEMETERIES
CHAPTER 2
PUBLIC CEMETERY DISTEICT ACT
Section 9-201. Public cemetery district act.
9-202. Petition to board of county commissioners.
9-203. Hearing.
9-204. Final hearing.
9-205. Order of board as respects election.
20
CEMETERIES 9-204
9-206. Favorable vote — commissioners to organize district.
9-207. Government of district — appointment and terms of trustees.
9-208. Powers of district.
9-209. Budget and tax levy.
9-209.1. Disbursement of tax proceeds.
9-209.2. Validating act.
9-209.3. Payment of validated warrants.
9-210. Regulations.
9-211. Withdrawal of portion of district, petition for.
9-212. Hearing.
9-213. Alteration of boundaries.
9-214. Notice, publication of.
9-215. Power of county commissioners.
9-201. Public cemetery district act. There is hereby deemed and de-
clared a public cemetery district act for the state of Montana. A cemetery
district may contain the entire territory embraced within a county or any
portion or subdivision thereof.
History: En. Sec. 1, Ch. 221, L. 1943;
amd. Sec. 1, Ch. 16, L. 1945.
9-202. Petition to board of county commissioners. Whenever a peti-
tion, signed by not less than twenty (20%) per cent of the citizens who are
owners of land located within a proposed cemetery district, whose names
appear as such owners of land upon the last completed assessment roll of
the county in which said proposed district is situated, which petition shall
definitely describe the boundaries of the proposed district and request that
the territory' within said boundaries be organized into a public cemetery
district, the petition shall be presented to the board of county commissioners
of the county in which the proposed district is situated, at a regular or
special meeting of said board. The said board of county commissioners, by
resolution, shall fix a time for the hearing of said petition at not less than
two (2) nor more than five (5) weeks from the time of presentation thereof,
and shall cause notice to be given of the time and place of said hearing by
publication as prescribed by law, for not less than two (2) weeks prior to
the time of said hearing. Said notice shall state that any person residing in
or owning property within said proposed district or within any existing
cemetery district, any part of the territory of which is described in said
petition, may appear before said board at the hearing and show cause why
the said district should not be created or the proposed boundaries changed.
History: En. Sec. 2, Ch. 221, L. 1943;
amd. Sec. 2, Ch. 16, L. 1945.
9-203. Hearing. At the time fixed for said hearing, the board shall de-
termine whether or not it complies with the requirements hereinbefore set
forth and whether or not the notice required herein has been published as
required, and must hear all competent and relevant testimony offered in
support of or in opposition thereto. Said hearing may be adjourned from
time to time for the determination of said facts, not to exceed two (2)
weeks in all.
History: En. Sec. 3, Ch. 221, L. 1943;
amd. Sec. 3, Ch. 16, L. 1945.
9-204. Final hearing. If the board of county commissioners shall de-
termine that the petitioners have complied with the requirements herein set
21
9-205 ELECTION LAWS
forth and that the notice required has been published, it shall thereupon pro-
ceed to a final hearing of the matter. Said board shall make such changes
in the boundaries of the proposed district as it may deem advisable and
shall define and establish such boundaries, as described in the petition and
shall call an election.
History: En. Sec. 4, Ch. 221, L. 1943;
amd. Sec. 4, Ch. 16, L. 1945.
9-205. Order of board as respects election. The board, must in its
order, designate whether or not a special election shall be held, or whether
the matter shall be determined at the next general election. If a special
election is ordered, the board must, in its order, specify the time and place
for such election, the voting place, and shall in said order appoint and desig-
nate judges and clerks therefor. The election shall be held in all respects as
nearly as practicable in conformity with the general election laws : and
provided, further, that the polls shall be open from eight (8) o'clock A. M.
to six (6) P. M., on the day appointed for such election. At such election,
the ballots must contain the words "Cemetery District, Yes" and "Cemetery
District, No." The judges of the election shall certify to the board of
county commissioners the results of said election.
History: En. Sec. 5, Ch. 221, L. 1943;
amd. Sec. 5, Ch. 16, L. 1945.
9-206. Favorable vote — commissioners to organize district. In the event
that a majority of the votes cast are in favor of the formation of said ceme-
tery district, the board of county commissioners shall proceed with the
organization thereof as herein specified.
History: En. Sec. 6, Ch. 221, L. 1943;
amd. Sec. 6, Ch. 16, L. 1945.
9-207. Government of district — appointment and terms of trustees.
Said cemetery district shall be governed and managed by three (3) trustees,
appointed by the board of county commissioners. The trustees shall be ap-
pointed from the freeholders residing within said district for terms of one
(1), two (2) and three (3) years respectively, and until their successors
shall be appointed and qualified. Annually thereafter the board of county
commissioners shall appoint one trustee for a term of three (3) years or
until his successor shall be appointed and qualified. The trustees at their
first meeting shall adopt by-laws for the government and management of
the district. They shall serve without pay.
History: En. Sec. 7, Ch. 221, L. 1943;
amd. Sec. 7, Ch. 16, L. 1945.
9-208. Powers of district. Said district may maintain a cemetery or
cemeteries within said district; may hold title to property by grant, gift,
devise, lease, or any other method ; and perform all acts necessary or proper
for the carrying out of the purposes of this act, including the selling or
leasing of burial lots.
History: En. Sec. 8, Ch. 221, L. 1943;
amd. Sec. 8, Ch. 16, L. 1945.
9-209. Budget and tax levy. The board of cemetery trustees shall an-
nually present a budget to the board of county commissioners at the
. regular budget meetings as prescribed by law. The board of county commis-
22
CEMETERIES 9-209.3
sioners must annually, at the time of levying county taxes, fix and levy
upon all property within said cemetery district, sufficient to raise the
amount certified by the board of cemetery trustees to be raised by a tax
on the property of said district. The tax so levied shall not exceed two
(2) mills on each dollar of taxable valuation on the property of said district.
Expenditures made, liabilities incurred, or warrants issued by or in behalf
of any cemetery district in excess of the annual budget presented to the
board of county commissioners as provided herein and the amount appro-
priated for and authorized to be expended for each item in the budget shall
not be a liability of the cemetery district. Insofar as the same can be made
applicable, the county budget system, sections 16-1901 to 16-1911, shall
govern the operation of cemetery districts created under this act.
History: En. Sec. 9, Ch. 221, L. 1943;
amd. Sec. 9, Cli. 16, L. 1945; amd. Sec. 1,
Ch. 93, L. 1951; amd. Sec. 1, Ch. 4, L. 1955.
9-209.1. Disbursement of tax proceeds. The proceeds of taxes collected
by the county treasurer for the public cemetery fund shall be disbursed to
the various cemetery districts upon the submission of a claim by said
cemetery districts to the board of county commissioners for their pro rata
share of the proceeds of the taxes collected. Upon approval of said claim
by the board of county commissioners the county clerk shall issue a trust
fund warrant drawn upon the public cemetery fund and payable to each
claimant.
History: En. Sec. 1, Oh. 94, L. 1951.
9-209.2. Validating act. All warrants heretofore issued by any ceme-
tery district for services actually rendered or goods, wares, merchandise or
material actually furnished to said cemetery district are hereby validated,
ratified, approved and confirmed, notwithstanding any lack of power of
such cemetery district to authorize or issue such warrants by reason of non-
compliance with any budget act or their being in excess of any cemetery
district budget or because of failure to include provision for the same in
any cemetery district budget or otherwise and said warrants so issued for
value received by said cemetery district shall be binding, legal, valid and
enforceable obligations of such cemetery district.
History: En, Sec. 2, Ch. 4, L. 1955.
9-209.3. Payment of validated warrants. All cemetery district war-
rants validated, ratified, approved and confirmed by the provisions of this
act shall be paid by the cemetery district which issued the same from any
funds which the cemetery district may have on hand which are not appro-
priated for other purposes. Any such cemetery district is also authorized
and directed to make provision for the payment of said warrants by in-
cluding in its budget each year in which such warrants remain outstanding
an item providing for the payment of such warrants as can be paid within
the proceeds of the two (2) mill maximum levy on each dollar of taxable
valuation of the property of said district specified in section 9-209, taking
into consideration other income of the cemetery district and after having
provided for the other budget requirements submitted by the board of
cemetery trustees to the board of county commissioners and such maximum
two (2) mill levy shall be made annually until said warrants are paid,
23
9-210 ELECTION LAWS
provided, that no interest or other charges for the use of the money repre-
sented by said warrants shall be paid by the cemetery district. All cemetery
district Avarrants validated, ratified, approved and confirmed by the pro-
visions of this act shall be listed by the cemetery district having issued
the same in the order in which they were issued by said cemetery district
and the warrants shall be paid in the order in which they were issued as
funds become available for the payment thereof under the provisions of
this act.
History: En. Sec. 3, Ch. 4, L. 1955.
9-210. Regulations. The trustees shall make proper rules and regula-
tions for the management of the cemeteries. The procedure of the collecting
of the tax and the distribution of the funds shall be in accordance with the
existing laws of the state of Montana.
History: En. Sec. 10, Ch. 221, L. 1943;
amd. Sec. 10, Ch. 16, L. 1945.
9-211. Withdrawal of portion of district, petition for. Any portion of
a public cemetery district may be withdrawn therefrom as in this section
provided, upon receipt of a petition signed by fifty (50) or more freeholders
residing in, or owning property within the portion desired to be withdrawn
by any public cemetery district or by a majority of such freeholders, if
there are less than one hundred (100) residing within the portion sought
to be withdrawn, on the grounds that such portion will not be benefited by
remaining in said district. The board of county commissioners shall fix a
time for the hearing of such withdrawal petition which shall not be more
than sixty (60) days after the receipt thereof. The said board shall, at least
thirty (30) days prior to the time so fixed, publish a notice of such hearing
for two (2) issues as provided by law.
History: En. Sec. 11, Ch. 221, L. 1943;
amd. Sec. 11, Ch. 16, L. 1945.
9-212. Hearing. Any person interested may appear at said hearing and
present objections to the withdrawal of said portion from said district. The
board shall consider all objections, pass upon the merits thereof and make
an order in accordance therewith. This order is subject to review by any
court of competent jurisdiction.
History: En. Sec. 12, Ch. 221, L. 1943;
amd. Sec. 12, Ch. 16, L. 1945.
9-213. Alteration of boundaries. The boundaries of any such public
cemetery district may be altered and outlying districts be annexed thereto
in the following manner: A petition signed by fifty (50) or more freeholders
within the territory proposed to be annexed, or by a majority of such free-
holders if there are less than one hundred (100) residing within the portion
proposed to be annexed, designating the boundaries of such contiguous
territory proposed to be annexed and asking that it be annexed to said
public cemetery district, shall be presented to the board of county commis-
sioners of the county in which said public cemetery district is situated.
History: En. Sec. 13, Ch. 221, L. 1943;
amd. Sec. 13, Ch. 16, L. 1945.
9-214. Notice, publication of. At the first regular meeting after the
presentation of said petition, said board of county commissioners shall cause
24
CITIES AND TOWNS 11-203
notice of said petition to be published according to law for two (2) weeks
prior to the date to be fixed by said board for the hearing of said petition.
Upon the date fixed for such hearing or continuance thereof said board shall
take up and consider said petition and any objections which may be filed to
the inclusion of any property in said district.
History: En. Sec. 14, Ch. 221, L. 1943;
amd. Sec. 14, Ch. 16, L. 1945.
9-215. Power of county commissioners. Said board of county commis-
sioners shall have the power by order entered on its minutes to grant said
petition either in whole or in part, and by order entered on its minutes to
alter the boundaries of said public cemetery district and to annex thereto,
all, or such portion of said territory described in said petition as will be
benefited thereby. This territory shall become and be a part of such public
cemetery district and shall be taxed, together with the remainder of said
district, for all taxes to be thereafter levied by said board of county com-
missioners for the operation and maintenance of said public cemetery
district.
History: En. Sec. 15, Ch. 221, L. 1943;
amd. Sec. 16, Ch. 16, L. 1945.
TITLE 11
CITIES AND TOWNS
CHAPTER 2
CLASSIFICATION AND OEGANIZATION OF CITIES AND TOWNS
Section 11-203. Organization of cities and towns — petition and census.
11-204. Election — how conducted.
11-205. First election for officers.
11-206. Officers elected and conduct of election.
11-209. Old officers continue in office — election.
11-203. (4961) Organization of cities and towns — petition and census.
Whenever the inhabitants of any part of a county desire to be organized into
a city or town, they may apply by petition in writing, signed by not less
than fifty qualified electors, residents of the state, and residing within
the limits of the proposed incorporation, to the board of county commis-
sioners of the county in which the territory is situated, which petition
must describe the limits of the proposed city or town, and of the several
wards thereof, which must not exceed one square mile for each five hundred
inhabitants resident therein. The petitioners must annex to the petition a
map of the proposed territory to be incorporated, and state the name of
the city or town. The petition and map must be filed in the office of the
county clerk. Upon filing the petition, the board of county commissioners,
at its next regular or special meeting, must appoint some suitable person to
take a census of the residents of the territory to be incorporated. After
taking the census, the person appointed to take the same must return the
list to the board of county commissioners, and the same must be filed by it
25
11-204 ELECTION LAWS
in the county clerk's office. No municipal corporation must be formed unless
the number of inhabitants is three hundred or upwards.
History: First general municipal in- torical comparisons of the several sections
corporation act was that of Feb. 17, 1881 cannot be made. This section en. Sec. 315,
(L. 1881, pp. 13-38); superseded by Sees. 5th Div. Comp. Stat. 1887; re-en. Sec. 4720,
315-440, 5th Div. Comp. Stat. 1887. Many Pol. C. 1895; re-en. Sec, 3208, Rev, C. 1907;
of the provisions of this act are so differ- amd. Sec. 1, Ch, 56, L. 1909; re-en. Sec.
ent from the present law that exact his- 4961, K. 0. M. 1921.
11-204. (4962) Election — ^how conducted. After filing the petition and
census, if there be the requisite number of inhabitants for the formation of a
municipal corporation, as required in the preceding section, the county-
commissioners must call an election of all the qualified electors residing
in the territory, described in the petition. Said election must be held at
a convenient place within the territory described in the petition, to be
designated by the board, notice of which election must be given by publica-
tion in some newspaper published within the limits of the territory to be
incorporated, or, if none be published therein, by posting notice in three
public places within said limits. The notice must be published thirty days
prior to the election, and must specify the time and place when and where
the same is held, and contain a description of the boundaries of the city or
town. The board must appoint judges and clerks of election, Avho must
qualify as required by law, and after the election they must report the
result to the board, together with the ballots cast at said election. The bal-
lots used at the election must be "For incorporation" or "Against incorpo-
ration," and all elections must be conducted as provided in Title 23 of
this code.
History: En. Sec, 316, 5th Div. Comp, 3209, Rev. C. 1907; re-en. Sec, 4962, R.
Stat. 1887; amd. Sec, 2, p. 178, L, 1889; C, M, 1921.
re-en. Sec. 4721, Pol. C. 1895; re-eoi. Sec.
11-205. (4963) First election for oflBcers, When the incorporation of a
city or town is completed, the board of county commissioners must give
notice for thirty days in a newspaper published within the limits of the city
or town, or, if none be published therein, by posting notices in six public
places within the limits of the corporation, of the time and place or places
of holding the first election for offices of the corporation. At such election
all the electors qualified by the general election laws of the state, and who
have resided within the limits of the city or town for six months, and within
the limits of the ward for thirty days preceding the election, are qualified
electors and may choose officers for the city or town, to hold office as pre-
scribed in the next succeeding section.
History: Ap, p. Sec. 318, 5th Div. Comp, 3210, Rev. C. 1907; re-en. Sec. 4963, R. C.
Stat. 1887; amd. Sec, 2, p, 178, L. 1889; re- M. 1921,
en. Sec, 4722, Pol. C, 1895; re-en. Sec.
11-206. (4964) Officers elected and conduct of election. At such elec-
tion there must be elected, in a eit}- of the first class, a mayor, a police judge,
a city attorney, a city treasurer, a city marshal, and two jildcimen from each
ward into which the city may be divided; in a city of the second class, a
nia3'or, a police judge, a city treasurer, a city marshal, and two aldermen
from each ward ; in a town, a mayor, and two aldermen from each ward,
who hold office until the first Monday of May after the first annual elec-
26
CITIES AND TOWNS 11-405
tion, and until their successors are elected and qualified. The persons so
elected must qualify in the manner prescribed by law for county officers.
The board of county commissioners must appoint judges and clerks of
election, and canvass and declare the result thereof. The election must be
conducted in the manner required by law for the election of county officers.
History: En. Sec. 318, 5th DIv. Comp. 3211, Rev. C. 1907; re-en. Sec. 4964, R.
Stat. 1887; amd. Sec. 2, p. 178, L. 1889; C. M. 1921.
re-en. Sec. 4723, Pol. C. 1895; re-en. Sec.
11-209. (4967) Old oflacers continue in oflSce — election. All officers of
such city or town holding office at the time of the adoption of this code
remain in office until the next annual election and the first Monday of May
next ensuing thereafter, and until their successors are elected and qualified.
The duties and compensation of such officers and the liabilities of sureties
on official bonds remain the same. All elections must be held under the pro-
visions of this code relative to the government of cities and towns.
History: En. Sec. 5034, PoL C. 1895;
re-en. Sec. 3483, Rev. C. 1907; re-en. Sec.
4967, R. 0. M. 1921.
CHAPTER 3
CHANGES IN CLASSIFICATION OF CITIES AND TOWNS
Section 11-303. New ofScers — election.
11-303. (4971) New officers — election. The first election of officers of
the new municipal corporation organized under the provisions of this chap-
ter must be at the first annual municipal election after such proceedings,
and the old officers remain in office until the new officers are elected and
qualified.
History: En. Sec. 4952, Pol. C. 1895;
re-en. Sec. 3449, Rev. C. 1907; re-en. Sec.
4971, R. C. M. 1921.
CHAPTER 4
ADDITIONS OF PLATTED TRACTS TO CITIES AND TOWNS
Section 11-405. Election on the question of annexation.
11-405. (4979) Election on the question of annexation. When a city or
town desires to be annexed to another and contiguous city or town, the
council of each thereof must appoint three commissioners to arrange and
report to the municipal authorities respectively, the terms and conditions on
which the annexation can be made, and if the city or town council of
the municipal corporation to be annexed approves of the terms thereof, it
must by ordinance so declare, and thereupon submit the question of an-
nexation to the electors of the respective cities or towns. If a majority of
the electors vote in favor of annexation, the council must so declare, and a
certified copy of the proceedings for annexation and of the ordinances must
be filed with the clerk of the county in which the cities or towns so annexed
are situated, and when so filed the annexation is complete, and the city or
town to which the annexation is made has power, in addition to other powers
27
11-506 ELECTION LAWS
conferred by this title, to pass all necessary ordinances to carry into effect
the terms of the annexation. Such annexations do not affect or impair any
right-s, obligations, or liabilities then existing, for or against either of such
cities or towns.
History: En. Sec. 322, 5th Div. Comp. re-en. Sec. 3215, Rev. C. 1907; re-en. Sec.
Stat. 1887; re-en. Sec. 4727, Pol. C. 1895; 4979, R. C. M. 1921.
CHAPTER 5
ALTERATION OF BOUNDARIES, EXCLUSION AND INCLUSION OF TERRITORY
Section 11-506. Alteration of boundaries of cities and towns — inclusion of territory —
petition and election.
11-507. Submission of question of annexation — election, how conducted and
returned — annexation when complete.
11-508. Territory which may not be annexed.
11-509. Lands used for certain purposes may not be annexed.
11-510. Act applicable to cities of what population.
11-506. Alteration of boundaries of cities and towns — inclusion of terri-
tory— petition and election. (1) The boundaries of any incorporated town
or city, whether heretofore or hereafter formed, may be altered and new
territory or territories annexed thereto, incorporated and included therein,
and made a part thereof, upon proceedings being had and taken as in this
act provided. The council, or other legislative bodj'^ of any such municipal
corporation, upon receiving a written petition therefor containing a descrip-
tion of the new territory or territories asked to be annexed to such corpo-
ration, and signed by not less than thirty-three and one-third per cent
(33^^%) of the resident free holder electors of the territory proposed to
be annexed must, without delay, submit to the electors of such municipal
corporation and to the electors residing in the territory or territories pro-
posed by such petition to be annexed to such corporation, the question
whether such new territory or territories shall be annexed to, incorporated
in, and made a part of said municipal corporation.
(2) Such question may be so submitted at the next general municipal
election to be held in such municipal corporation, or it may be so submitted
prior to such general election, either at a special election called therein for
that purpose, or at any other municipal election therein, except an election
at which the submission of such question is prohibited by law; and such
council or legislative body is hereby empowered to and it shall be its duty to
cause notice to be given of such election by the publication of a notice
thereof in a newspaper printed and published in such municipal corporation
at least once a week for a period of three (3) successive weeks next preced-
ing the date of such election, or if there is no newspaper printed in such
municipal corporation, then such notice shall be published in like manner for
a like period in the nearest town or city in the county in which said territory
or territories to be annexed is situated, in which such newspaper is printed.
Such notice shall distinctly state the proposition to be submitted, i. e., that
it is proposed to annex to, incorporate in, and make a part of such municipal
corporation the territory or territories sought to be annexed, specifically
describing the boundaries thereof; and in said notice the qualified electors
of said municipal corporation, and the qualified electors residing in said
28
CITIES AND TOWNS 11-507
territory or territories so proposed to be annexed, shall be invited to vote
upon such proposition by placing upon their ballots the words "for annexa-
tion" or "against annexation," or words equivalent thereto.
(3) Such council or legislative body is hereby empowered, and it sliall
be its duty, to establish, and in such notice of election designate the voting
precinct or precincts, the date of said election, the place or places at which,
and the hours between which the polls will be opened for such election, and
such other information regarding said election as the said council or legisla-
tive body may deem proper. Such place or places shall be that or those
commonly used as voting places within such municipal corporation, and
also that or those commonly used by the electors residing in such new
territory or territories.
History: En. Sec. 1, Ch. 168, L. 1945.
11-507. Submission of question of annexation — election, how conducted
and returned — annexation when complete. (1) If the question of annexa-
tion is submitted at a special election called for such purpose, the city or
town council, or other legislative body, shall fix the hours through which
the polls are to be kept open, which shall be not less than eight (8), and
which must be stated in the notice of election, and may appoint a smaller
number of judges than is required at a general city or town election, but
in no case shall there be less than three (3) judges in a precinct and such
judges shall act as their own clerks. If the question of annexation is sub-
mitted at a general city or town election, the polls shall be kept open during
the same hours as are fixed for the general election, and the judges and
clerks for such general election shall act as the judges and clerks thereof.
(2) Whenever the question of annexation under this title is submitted
at either a general city or town election, or at a special election, separate
ballots, white in color and of convenient size, shall be provided therefor.
The election shall be conducted, and the returns made in the same manner
as other city or town elections; and all election laws governing city and
town elections shall govern insofar as they are applicable, but if such
question be submitted at a general city or town election, the votes thereon
must be counted separately, and separate returns must be made by the
judges and clerks at such election. If the said annexation election is held
at the same time as a general city or town election, then the returns shall be
canvassed by the city or town council at the same time as the returns for
such general election ; but if the question of annexation is submitted at a
special election, then the city or town council shall meet within ten (10)
days after the date of the holding of such special election and canvass the
returns.
(3) If it is found that a majority of such votes were cast in favor of
the annexation, the city or town council, or other legislative body shall, at a
regular or special meeting held within thirty (30) days thereafter, pass
and adopt a resolution providing for such annexation. Such resolution
shall recite that a petition has been filed with the said council or other
legislative body with a sufficient number of signatures of thirty-three and
one-third per cent (33>^%) of the resident free holder electors of the
territory proposed to be annexed ; a description of the boundaries of the
29
11-508 ELECTION LAWS
territory or territories to be annexed ; a copy of the resolution ordering a
general or special election thereof, as the case may be ; a copy of the notice
of such election; the time and result of the canvass of the votes received in
favor of annexation, and the number thereof cast against annexation; and
that the boundaries of such city or town, by such resolution, shall be ex-
tended so as to embrace and include such territory or territories as the
same are described in the petition for annexation, which said resolution
shall be incorporated in the minutes of said council or legislative body.
(4) The clerk or other officer performing the duties of clerk of such
council or legislative body, shall promptly make and certify under the seal
of said municipal corporation, a copy of said record so entered upon said
minutes, which document shall be filed with the clerk of the county in which
the city or town to which said territory or territories are sought to be
annexed, is situated. Prom and after the date of the filing of said document
in the office of the said county clerk, the annexation of such territory or
territories so proposed to be annexed shall be deemed and shall be complete
and thenceforth such annexed territory or territories shall be, to all intents
and purposes, a part of said municipal corporation, and the said city or
town to which the annexation is made, has the power to pass all necessary
ordinances pertaining thereto.
History: En. Sec. 2, Ch. 168, L. 1945.
11-508. Territory which may not be annexed. No territory which, at
the time such petition for such proposed annexation is presented to such
council or legislative body, forms any part of any incorporated town or
city, shall be annexed under the provisions of this act.
History: En. Sec. 3, Ch. 168, L. 1945.
11-509. Lands used for certain purposes may not be annexed. No
parcel of land which, at the time such petition for such proposed annexation
is presented to such council or legislative body, is used in whole or in part
for agricultural, mining, smelting, refining, transportation, or any industrial
or manufacturing purpose or any purpose incident thereto, shall be annexed
under the provisions of this act.
History: En. Sec. 4, Ch. 168, L. 1945.
11-510. Act applicable to cities of what population. This act shall not
be applicable to cities having a population, as shown by the last preceding
federal census of less than twenty thousand (20,000) and not more than
thirty-five thousand (35,000) and shall not repeal section 11-403 having
reference to extension of the corporate limits of cities of the first, second
and third classes to include contiguous land, but is intended and does
provide an alternative method for the annexation of territory or territories
to municipal corporations. When any proceedings for annexation of terri-
tory or territories to any municipal corporation are commenced under this
act the provisions of this act and of such amendments thereto as may
thereafter be adopted, and no other, shall apply to such proceedings.
History: En. Sec. 5, Ch. 168, L. 1946.
30
CITIES AND TOWNS 11-703
CHAPTER 7
OFFICEES AND ELECTIONS
Section 11-701. Officers of city of the first class.
11-702. Officers of city of second and third classes.
11-703. Officers of towns.
11-707. City or town to be divided into wards.
11-708. Division of cities and towns into wards.
11-709. Annual elections in cities and towns — terms of office.
11-710. Qualification of mayor.
11-711. Terms of aldermen — how decided.
11-712. Terms of office — when to begin.
11-713. Who eligible.
11-714. Qualification of aldermen.
11-715. Registration of electors.
11-716. Qualifications of electors.
11-717. Election judges and clerks — voting places.
11-718. Canvass — when and how made.
11-719. Oath and bonds — vacancy.
11-720. When duties of office begin.
11-721. Vacancies — how filled — removal of officer.
11-701. (4995) Officers of city of the first class. The officers of a city
of the first class consist of one mayor, two aldermen from each ward, one
police judge, one city treasurer, who may be ex-officio tax collector, who
must be elected by the qualified electors of the city as hereinafter provided.
There may also be a])pointed by the mayor, with the advice and consent of
the council, one city attorney, one city clerk, one chief of police, one asses-
sor, one street commissioner, one city jailer, one city surveyor, and when-
ever a paid fire department is established in such city, a chief engineer and
one or more assistant engineers, and any other officers necessary to carry
out the provisions of this title. The city council may, by ordinance, pre-
scribe the duties of all city officers and fix their compensation, subject to
the limitations contained in this title.
History: En. Sec. 4740, Pol. 0. 1895;
re-en. Sec. 3216, Rev. C. 1907; re-en. Sec.
4995, R. C. M. 1921.
11-702. (4996) Officers of city of second and third classes. The officers
of a city of the second and third classes consist of one mayor, two aldermen
from each ward, one police judge, one city treasurer, who may be ex-officio
tjix collector, who must be elected by the qualified electors of the city as
hereinafter provided. There may also be appointed by the mayor, with the
advice and consent of the council, one city clerk, who is ex-officio city
assessor, one chief of police, one city attorney, and any other officer neces-
sary to carry out the provisions of this title. The city council may prescribe
the duties of all city officers, and fix their compensation, subject to the
limitations contained in this title.
History: En. Sec. 4741, PoL 0. 1895;
re-en. Sec. 3217, Rev. 0. 1907; re-en. Sec.
4996, R. 0. M. 1921.
11-703. (4997) Officers of towns. The officers of a town consist of one
mayor and two aldermen from each ward, who must be elected by the
qualified electors of the town as hereinafter provided. There may be ap-
pointed by the mayor, with the advice and consent of the council, one
clerk, who may be ex-officio assessor and a member of the council, and one
31
11_707 ELECTION LAWS
treasurer, who may be ex-officio tax collector, and one marshal, who may
be ex-officio street commissioner, and any other officers necessary to carry
out the provisions of this title. The town council may prescribe the duties
of all town officers, and fix their compensation, subject to the limitations
contained in this title.
History: En. Sec. 4742, Pol. C. 1895;
re-en. Sec. 3218, Eev. C. 1907; re-en. Sec.
4997, R. C. M. 1921.
11-707. (5001) City or town to be divided into wards. The first city or
town council elected under the provisions of this title must divide the city
or town into wards for election and other purposes, having regard to popula-
tion so as to make them as nearly equal as possible.
History: En. Sec. 4746, Pol. C. 1895;
re-en. Sec. 3222, Rev. C. 1907; re-en. Sec.
5001, B. C. M. 1921.
11-708. (5002) Division of cities and towns into wards. Cities of the
first class must be divided into not less than four nor more than ten wards ;
cities of the second class into not less than three nor more than six wards ;
and cities of the third class into not less than two nor more than four
wards; and towns into not less than tAvo nor more than three wards. Pro-
vided, however, that the town council may by ordinance reduce the number
of wards in a town to only one if it so desires. All changes in the number
and boundaries of wards must be made by ordinance, and no new ward
must be created unless there shall be within its boundaries one hundred and
fifty electors, or more.
History: En. Sec. 4747, Pol. C. 1895; Ch. 74, L. 1909; re-en. Sec. 5002, R. C. M.
re-en. Sec. 3223, Rev. C. 1907; amd. Sec. 1, 1921; amd. Sec. 1, Ch. 39, L. 1943.
11-709. (5003) Annual elections in cities and towns — terms of office.
On the first Monday of April of every second year a municipal election must
be held, at which the qualified electors of each town or city must elect a
mayor and two aldermen from each ward, to be voted for by the wards
they respectively represent; the mayor to hold office for a term of two (2)
years, and until the qualification of his successor ; and each alderman so
elected to hold office for a term of two (2) years, and until the qualifi-
cation of his successor; and also in cities of the first, second and third
class, a police judge and a city treasurer, who shall hold office for a term
of two (2) years, and until the qualification of their successors; provided,
however, that in all cities and towns when the term of office of the incum-
bent mayor, alderman, police judge or city treasurer will not expire until
the first Monday in May, 1936, a special election must be held on the first
Monday in April, 1936, at which election a successor to such mayor, alder-
man, police judge or city treasurer shall be elected for a term of one (1)
year, and thereafter no election shall be held for the election of city officers,
except every second year.
History: Ap. p. Sec. 4, p. 122, L. 1893; 3224, Rev. C. 1907; re-en. Sec. 5003, R.
amd. Sec 4748, Pol. C. 1895; re-en. Sec. C. M. 1921; amd. Sec. 1, Ch. 60, L. 1935.
11-710. (5004) Qualification of mayor. No person shall be eligible
to the office of mayor unless he shall be at least twenty-five (25) years
old and a taxpaying freeholder within the limits of the city or town, and
a resident of the state for at least three years, and a resident of the city
32
CITIES AND TOWNS 11-716
or town or an area which has been annexed by the city or town for which
he may be elected mayor two years next preceding his election to said
office, and shall reside in the city or town for which he shall be elected
mayor during his term of office.
History: En. Sec. 8, p. 65, Ex. L. 1887; 3225, Rev. 0. 1907; re-en. Sec. 5004, B. C.
amd. Sec. 4749, Pol. C. 1895; re-en. Sec. M. 1921; amd. Sec. 1, Ct. 76, L. 1961.
11-711. (5005) Terms of aldermen — how decided. At the first annual
election held after the organization of a city or town under this title, the
electors of such city or town must elect two aldermen from each ward, who
must, at the first meeting of the council, decide by lot their terms of office,
one from each ward to hold for a term of two years, and one for the term of
one year, and until the qualification of their successors.
History: En. Sec. 4750, Pol. C. 1895;
re-en. Sec. 3226, Rev. C. 1907; re-en. Sec.
5005, R. C. M. 1921.
11-712. (5006) Terms of office — when to begin. The terms of all
officers elected at a municipal election are to commence on the first Monday
in May after such election.
History: En. Sec. 4751, Pol. C. 1895;
re-en. Sec. 3227, Rev. C. 1907; re-en. Sec.
5006, R. C. M. 1921.
11-713. (5007) Who eligible. No person is eligible to any municipal
office, elective or appointive, who is not a citizen of the United States, and
who has not resided in the town or city or an area which has been annexed
by such town or city for at least two years immediately preceding his
election or appointment, and is not a qualified elector thereof.
History: En. Sec. 365, 5tli Div. Oomp. 5007, R. C. M. 1921; amd. Sec. 2, Ch. 76,
Stat. 1887; amd. Sec. 4752, Pol. C. 1895; l. igei.
re-en. Sec. 3228, Rev. C. 1907; re-en. Sec.
11-714. (5008) Qualification of aldermen. No person shall be eligible
to the office of alderman unless he shall be a, taxpaying freeholder within
the limits of a city, and a resident of the ward so electing him, or a resi-
dent of an area which has been annexed by the city or town and placed in
a ward, for at least one year preceding such election.
History: En. Sec. 366, 5tli Div. Comp. 50O8, R. C. M. 1921; amd. Sec. 3, Ch. 76,
Stat. 1887; amd. Sec. 4753, Pol. C. 1895; l. 1961.
re-en. Sec. 3229, Rev. C. 1907; re-en. Sec.
11-715. (5009) Registration of electors. The council must provide by
ordinance for the registration of electors in any city or town, and may pro-
hibit any person from voting at any election unless he has been registered :
but such ordinance must not be in conflict with the general law providing
for the registration of electors, and must not change the qualifications of
electors except as in this title provided. However, when an area is annexed
by a city or town after the date for registration has expired, opportunity
must be provided for residents of such area to register, if otherwise qualified,
for all future elections.
History: En. Sec. 4754, Pol, C. 1895; 5009, R. C. M. 1921; amd. Sec. 4, Oh. 76,
re-en. Sec. 3230, Rev. C. 1907; re-en. Sec. L. 1961.
11-716. (5010) Qualifications of electors. All qualified electors of the
state who have resided in the city or town or an area which has been an-
33
11.717 ELECTION LAWS
nexed by such city or town for six months and in the ward or an area
which has been annexed and placed in a ward for thirty days next preced-
ing the election are entitled to vote at any municipal election, including
elections involving or held under the commission form of government,
commission-manager plan or other form of municipal government.
History: En. Sec. 4755, Pol. C. 1895; 5010, R. C. M. 1921; amd. Sec, 5, Ch. 76,
re-en. Sec. 3231, Bev. C. 1907; re-en. Sec. L. 1961.
11-717. (5011) Election judges ajid clerks — voting places. The coun-
cil or other governing body must appoint judges and clerks of election, and
places of voting. Where the city or town is divided into wards there must
be at least one (1) voting place in each ward and there may be as many
more as the council or other governing body shall fix, and the elector must
vote in the ward in which he resides. In cities and towns divided into
wards the election precincts must correspond with the wards, but a ward
may be subdivided into several voting precincts, and when so divided the
elector shall vote in the precinct in which he resides. In cities and towns
operating under the commission, or the commission-manager plan of mu-
nicipal government, where there are no wards for election purposes and the
officers of the city or town are elected at large, the election precincts shall
correspond with the election precincts in such city or town as fixed by the
board of county commissioners for state and county elections, but such
precincts may be by the city commission divided into as many voting
precincts, to facilitate the voting and counting of the vote, as the city
commission shall by ordinance provide, and the elector shall vote in the
voting precinct so designated, in which he resides. For all municipal elec-
tions the city council or other governing body may appoint a second or ad-
ditional board of election judges for any voting precinct in which there
were cast three hundred and fifty (350) or more votes in the last general
city election or in which council or other governing body believes as many
as three hundred and fifty (350) ballots will be cast in the next general city
election, and such additional board of election judges shall have the same
powers and duties, and under the same conditions, as the second or addi-
tional board of election judges for general elections appointed by boards of
county commissioners under the provisions of section 23-601. Provided
that in municipal corporations of less than one thousand five hundred
(1,500) population, as determined by the last official census, the council or
other governing body may by ordinance provide that there shall be but
one polling or voting place for municipal elections, notwithstanding the
number of wards or precincts in the municipality otherwise provided for.
All municipal elections must be conducted in accordance with the general
laws of the state of Montana relating to such election.
History: En. Sec. 1, Ch. 187, L. 1907; 1921; amd. Sec. 1, Ch. 19, L. 1939; amd.
Sec. 3232, Rev. C. 1907; amd. Sec. 1, Cli. Sec. 1, Ch. 86, L. 1941; amd. Sec, 1, Ch.
69, L. 1909; re-en. Sec. 5011, R. C. M. 124, L. 1947; amd. Sec. 1, Ch. 14, Ij. 1955.
11-718. (5012) Canvass — when and how made. On the Monday follow-
ing any election, the council must convene and publicly canvass the result,
and issue certificates of election to each person elected by a plurality of
votes. When two or more persons have received an equal and highest
number of votes for any one of the oflSces voted for, the council must there-
34
CITIES AND TOWNS 11-721
after, at its first regular meeting, decide by vote between the parties which
is elected. If the council from any cause fails to meet on the day named,
the mayor must call a special meeting of the council within five days there-
after, and, in addition to the notice provided for calling special meetings,
must publish the same on two successive days in some newspaper published
in such city or town. If the mayor fails to call said meeting within said
five days, any three councilmen may call it. At such special meeting all
elections, appointments, or other business may be transacted that could
have been on the day first herein named.
History: En. Sec. 4757, Pol. 0. 1895;
re-en. Sec. 3233, Rev. C. 1907; re-en. Sec.
5012, B. 0. M. 1921.
11-719. (5013) Oath and bonds — vacancy. Each officer of a city or
town must take the oath of office, and such as may be required to give bonds,
file the same, duly approved, within ten days after receiving notice of his
election or appointment ; or, if no notice be received, then on or before the
date fixed for the assumption by him of the duties of the office to which he
may have been elected or appointed, but if any one, either elected or ap-
pointed to office, fails for ten days to qualify as required by law, or enter
upon his duties at the time fixed by law, then such office becomes vacant ;
or if any officer absents himself from the city or town continuously for ten
days without the consent of the council, or openly neglects or refuses to dis-
charge his duties, such office may be by the council declared vacant; or if
any officer removes from the city or town, or any alderman from his ward,
such office must be by the council declared vacant.
History: En. Sec 4758, Pol. C. 1895;
re-en. Sec. 3234, Rev. C. 1907; re-en. Sec.
5013, R 0. M. 1921.
11-720. (5014) When duties of office begin. The officers elected enter
upon their duties the first Monday of May succeeding their election, and
officers appointed by the mayor, with the advice and consent of the council,
within ten days after receiving notice of their appointment.
History: En. Sec. 4759, Pol. C. 1895; re-
en. Sec. 3235, Rev. C. 1907; re-en. Sec.
5014, R. 0. M. 1921.
11-721. (5015) Vacancies— how filled — removal of officer. When any
vacancy occurs in any elective office, the council, by a majority vote of the
members, may fill the same for the unexpired term, and until the qualifica-
tion of the successor. A vacancy in the office of alderman must be filled
from the ward in which the vacancy exists, but if the council shall fail to
fill such vacancy before the time for the next election, the qualified electors
of such city or ward may nominate and elect a successor to such office. The
council, upon written charges, to be entered upon their journal, after notice
to the party and after trial by the council, by vote of two-thirds of all the
members elect, may remove any officer.
History: En. Sec. 1, Ch. 72, L. 1903;
re-en. Sec. 3236, Rev. C. 1907; re-en. Sec.
5015, R. C. M. 1921.
35
11-964 ELECTION LAWS
CHAPTER 9
POWERS OF CITY AND TOWN COUNCILS
Section 11-964. Disposal or lease of city property — approval of electors, when required.
11-966. Purposes for which indebtedness may be incurred — limitation — addi-
tional indebtedness for sewer or water system — procuring water sup-
ply and system — jurisdiction of public works appurtenances.
11-988. Power of cities and towns to acquire natural gas and distributing sys-
tem therefor.
11-964. (5039.61) Disposal or lease of city property — approval of elec-
tors, when required. The city or town council has power ; to sell, dispose of,
or lease any property belonging to a city or town, provided, however, that
such lease or transfer be made by ordinance or resolution passed by a two-
thirds vote of all the members of the council; and provided further that if
such property be held in trust for a specific purpose such sale or lease there-
of be approved by a majority vote of taxpayers of such municipality cast
at an election called for that purpose ; and provided further that nothing
herein contained shall be construed to abrogate the power of the board of
park commissioners to lease all lands owned by the city heretofore acquired
for parks within the limitations prescribed by subdivision 5 of section
62-204.
History: En, Subd. 62, Sec. 5039, R. C. amd. Sec. 1, Ch. 20, L. 1927; amd. Sec.
M. 1921; amd. Sec. 1, Ch. 115, L. 1925; 1, Ch. 35, L. 1937.
11-966. (5039.63) Purposes for which indebtedness may be incurred —
limitation — additional indebtedness for sewer or water system — procuring
water supply and system — jurisdiction of public works appurtenances.
The city or town council has power: (1) To contract an indebtedness on
behalf of a city or town, upon the credit thereof, by borrowing money
or issuing bonds for the following purposes, to-wit : Erection of public
buildings, construction of sewers, sewage treatment and disposal plants,
bridges, docks, wharves, breakwaters, piers, jetties, moles, waterworks,
reservoirs and reservoir sites, lighting plants, supplying the city or town
with water by contract, the purchase of fire apparatus, street and other
equipment, the construction or purchase of canals or ditches and water
rights for supplying the city or town with water, to acquire, open and/or
widen any street and to improve the same by constructing, reconstructing
and repairing pavement, gutters, curbs and vehicle parking strips and to
pay all or any portion of the cost thereof, and the funding of outstanding
warrants and maturing bonds ; provided, that the total amount of indebted-
ness authorized to be contracted in any form, including the then existing
indebtedness, must not, at any time, exceed five per centum (5%) of the
total value of the taxable property of the city or town, as ascertained by
the last assessment for state and county taxes, said words "value of the
taxable property" being used herein in the same sense as in section 6 of
article XIII of the Constitution ; provided, that no money must be bor-
rowed on bonds issued for the construction, purchase, or securing of a
water plant, water system, water supply, sewage treatment and disposal
plant, or sewerage system, until the proposition has been submitted to the
vote of the taxpayers affected thereby of the city or town, and the majority
vote cast in favor thereof; and, further provided, that an additional in-
debtedness shall be incurred, when necessary, to construct a sewerage
36
CITIES AND TOWNS 11-966
system or procure a water supply for the said city or town, which shall
own or control said water supply and devote the revenue derived therefrom
to the payment of the debt.
(2) The additional indebtedness authorized, including all indebtedness
theretofore contracted, which is unpaid or outstanding, for the construction
of a sewerage system, or for the procurement of a water supply, or for
both such purposes, shall not exceed in the aggregate ten per centum (10% )
over and above the five per centum (5%) heretofore referred to, of the total
valuation of the taxable property of the city or town as ascertained by the
last assessment for state and county taxes ; and, provided further, that the
above limit of five per centum (5%) shall not be extended, unless the ques-
tion shall have been submitted to a vote of the taxpayers affected thereby,^
and carried in the affirmative by a vote of the majority of said taxpayers
who vote upon such question.
(3) It is further provided, that whenever a franchise has been granted
to, or a contract made with, any person or persons, corporation or corpora-
tions, and such person or persons, corporation or corporations, in pursuance
thereof, or otherwise, have established or maintained a system of water
supply, or have valuable water rights or a supply of water desired by the
city or town for supplying the said city or town with water, the city or
town granting such franchise or entering in such contract or desiring
such water supply, shall, by the passage of an ordinance, give notice to
such person or persons, corporation or corporations, that it desires to
purchase the plant and franchise and water supply of such person or
persons, corporation or corporations, and it shall have the right to so
purchase the said plant or water supply, upon such terms as the parties
agree ; in case they cannot agree, then the city or town shall proceed
to acquire the same under the laws relating to the taking of private
property for public use, and any city or town acquiring property under
the laws relating to the taking of private property for public use, shall
make payment to the owner or owners of the plant or water supply of the
value thereof legally determined, within six (6) months from and after final
judgment is entered in the condemnation proceedings. For the purpose of
providing the city or town with an adequate water supply for municipal and
domestic purposes, the city or town council shall procure and appropriate
water rights and title to the same, and the necessary real and personal prop-
erty to make said rights and supply available, by purchase, appropriation,
location, condemnation, or otherwise.
(4) Cities and towns shall have jurisdiction and control over the ter-
ritory occupied by their public works, and over and along the line of
reservoirs, streams, trenches, pipes, drains, and other appurtenances used
in the construction and operation of such works, and also over the source of
stream for which water is taken, for the enforcement of its sanitary ordi-
nances, the abatement of nuisances, and the general preservation of the
purity of its water supply, with power to enact all ordinances and regula-
tions necessary to carry the powers hereby conferred into effect. For this
purpose the city or town shall be authorized to condemn private property
in the manner provided by law, and shall have authority to levy a just and
equitable tax on all consumers of water for the purpose of defraying the
expenses of its procurement.
37
11-988 ELECTION LAWS
History: En. Subd. 64, Sec. 5039, E. C. Ch. 35, L. 1947; amd. Sec. 1, Ch. 152, L.
M. 1921; amd. Sec. 1, Ch. 115, L. 1925; 1953; amd. Sec. 1, Ch. 34, L. 1955; amd.
amd. Sec. 1, Ch. 20, L. 1927; amd. Sec. 1, Sec. 1, Ch. 38, L. 1959.
11-988. (5039.85) Power of cities and towns to acquire natural gas and
distributing system therefor. The city or town council has power to con-
tract an indebtedness of a city or town upon the credit thereof by borrow-
ing money or issuing bonds for the construction, purchase or development of
an adequate supply of natural gas, and to construct or purchase a system of
gas lines for the distribution thereof to the inhabitants of said city or town
or vicinity ; provided, that the total amount of indebtedness authorized to be
contracted in any form, including the then existing indebtedness must not
at any time exceed three per centum (3%) of the total assessed valuation
of the taxable property of the city or town as ascertained by the last assess-
ment for state and county taxes, and provided further, that no money must
be borrowed or bonds issued for the purposes herein specified until the
proposition has been submitted to the vote of the taxpayers affected thereby
of the city or town, and the majority vote cast in favor thereof.
History: En. Sec. 1, Ch. 128, L. 1927.
CHAPTER 10
POWERS OF CITY AND TOWN COUNCILS (continued)
Section 11-1008. Public baths.
11-1015. Parking meters in cities or towns of 2,500 population or less.
11-1016. Referendum on parking meters required before ordinance.
11-1017. Existing meters and ordinances unaffected.
11-1019. Operation of bus lines — contracting indebtedness.
11-1020. Operation sub.iect to Motor Carrier Act — exception.
11-1021. Contracts or lease arrangements with independent carriers of pas-
sengers— when authorized — levy of tax.
11-1022. Bids for service — operation of carriers.
11-1008. (5045) Public baths. All cities or towns incorporated under
the laws of the state of Montana, in addition to other powers conferred upon
them, are hereby empowered and authorized to establish and maintain a
public bathing place within said city or town, and to defray the cost and
expense of maintaining said public bathing place, said city or town is hereby
authorized and empowered to contract an indebtedness, upon behalf of said
city or town, upon the credit thereof, by borrowing money or issuing bonds;
provided, that no money may be borrowed, and no bonds may be issued for
said purpose, until the proposition has been submitted to the vote of the tax-
payers affected thereby of the city or town, and a majority vote be cast
therefor.
History: En. Sec. 1, Oh, 12, L. 1905;
re-en. Sec. 3294, Rev. C. 1907; re-en. Sec.
5045, R. C. M. 1921.
11-1015. Parking meters in cities or towns of 2,500 population or less.
Any city or town council of any incorporated city or town of twenty-five
hundred (2500) population or less is hereby empowered to enact an ordi-
iiance or ordinances :
(a) To purchase, rent, lease or otherwise acquire coin operating park-
ing meters, or other devices, or instruments used for the purpose of measur-
38
CITIES AND TOWNS 11-1019
iiig the duration of time an automobile or other vehicle is parked.
(b) To install, maintain and operate said meters, devices or instruments
at or near any public street, highway, avenue or other public place within
the corporate limits of such city or town.
(c) To provide for such regulations as necessary to govern the use of
its public streets, highways, avenues or other public places for the purpose
of parking automobiles or other vehicles, and the use of said meters, devices
or instruments in conjunction therewith, including the establishment and
designation of zones or areas where said meters, devices or instruments are
to be used.
History: En. Sec. 1, Ch. 91, L. 1949,
11-1016. Referendum on parking meters required before ordinance.
Provided, however, that no ordinance or ordinances providing for the pur-
chasing, renting, leasing or otherwise acquiring or installing, maintaining,
operating or using such parking meters, devices or instruments shall be
enacted until and unless the question of whether or not such ordinance
or ordinances shall be enacted has been submitted to the qualified electors
of such city or town at a general election or special election called for that
purpose, and unless at such election a majority of the votes cast for and
against the question shall have been in favor of the enacting of said ordi-
nance or ordinances.
History: En. Sec. 2, Cb. 91, L. 1949.
11-1017. Existing meters and ordinances unaffected. Nothing herein
contained shall atfect the validity of any ordinance relating to parking
meters or similar devices or instruments heretofore adopted by any city or
town, or any extension thereof hereafter made.
History: En, Sec. 3, Ch. 91, li. 1949.
11-1019. Operation of bus lines — contracting indebtedness. Whenever
a city or town is not being served by a bus company or operator, operating
on a regular schedule, and under the jurisdiction of the Montana railroad
and public service commission or if such service is to be or is likely to be
discontinued in the immediate future, the city or town council of any
incorporated city or town shall have the power to contract an indebtedness
of any such city or town upon the credit thereof by borrowing money or
issuing bonds for the purchase, development, operation or leasing of motor
buses and bus lines for the transportation of passengers within the corpo-
rate limits of such cities and towns, and to operate the same to any point
or points beyond said limits not to exceed eight (8) miles, measured along
the route of said bus line ; provided that the total amount of indebtedness
authorized to be contracted in any form, including the then existing in-
debtedness must not at any time exceed five per centum (5%) of the total
assessed valuation of the taxable property of the city or town as ascer-
tained by the last assessment for state and county taxes, and provided
further, that no money must be borrowed or bonds issued for the purposes
herein specified until the proposition has been submitted to the vote of
the taxpayers affected thereby of the city or town, and the majority vote
cast in favor thereof.
History: En. Sec. 1, Ch. 101, L. 1951;
amd. Sec. 1, Ch. 211, L. 1955; amd. Sec. 1,
Ch. 120, L. 1957.
39
11-1020 ELECTION LAWS /
11-1020. Operation subject to Motor Caxrier Act — exception. The said
city or town council or commission shall have authority to provide for the
management and operation of said system ; and to do all the things necessary
for the successful operation of said transportation system. Such operations
shall be subject to all the provisions of the Motor Carrier Act (sections 8-101
to 8-129, Revised Codes of Montana, 1947) except that such mimicipality
may be issued a certificate of public convenience and necessity without
proof of the existence of public convenience and necessity, and except that
the municipality shall be exempt from the payment of fees provided by
sections 8-116 and 8-127, Revised Codes of Montana, 1947.
History: En. Sec. 2, Ch. 101, L. 1951;
amd. Sec. 1, Ch. 211, L. 1955; amd. Sec. 1,
Ch. 120, L. 1957.
11-1021. Contracts or lease arrang-ements with independent carriers of
passengers — when authorized — levy of tax. Whenever a city or town is
not being served by a bus company or operator, operating on a regular
schedule, and under the jurisdiction of the Montana railroad and public
service commission or if such service is to be, or is likely to be, discontinued
in the immediate future, the city or town council of any incorporated
city or town shall have the power to enter into a contract or contracts, or
to enter into a lease or a lease and operating agreement, with an independ-
ent carrier or independent carriers for the transportation of passengers
by bus within the corporate limits of such city or town and to and from
any point or points beyond said limits not to exceed eight (8) miles
measured along the route of said bus line or lines; and for the purpose of
raising the necessary moneys to defray the cost of such transportation
service pursuant to such contract or contracts, lease or lease and operating
agreement, with such independent carrier or carriers the city or town
council shall have power to annually levy a tax on the taxable value of
all taxable property within the limits of such city or town ; provided,
however, that whenever the council of such city or town shall deem it
necessary to raise money by taxation for such purpose in excess of the
levy now allowed by law the council of such city or town shall in the manner
prescribed by law, submit the question of such additional levy to the legal
voters of such city or town who are taxpaying freeholders therein, either
at the regular annual election held in said city or town, or at a special
election called for that purpose by the council of such city or town ; pro-
vided, however, that such additional levy in excess of the levy now allowed
by law shall not exceed one and one-half (II/2) mills.
History: En. Sec. 3, Ch. 211, L. 1955;
amd. Sec. 1, Ch. 120, L. 1957.
11-1022. Bids for service — operation of carriers. The said city or town
council shall have power and authority to call for bids from independent
carriers for such transportation service, and to do all things necessary or
proper for establishment and maintenance of such transportation service
by contract, lease or lease and operating agreement.
History: En. Sec. 4, Ch. 211, L. 1955;
amd. Sec. 1, Ch. 120, L. 1957.
40
CITIES AND TOWNS 11-1104
CHAPTER 11
ORDINANCES— INITIATIVE AND REFERENDUM
Section 11-1104. Initiative in cities — petition.
11-1105. Submission of question at regular election.
11-1106. No ordinance to be effective until thirty days after passage.
11-1107. Referendum petition.
11-1108. Referendum to be had at regular election.
11-1109. Special election may be ordered.
11-1110. Proclamation of election.
11-1111. Ballots and method of voting.
11-1112. Qualifications of voters.
11-1113. Forms of petitions and conduct of proceedings.
11-1114. To what ordinances applicable.
11-1104. (5058) Initiative in cities — petition. (1) Ordinances may be
proposed by the legal voters of any city or town in this state, in the
manner provided in this act. Eight per cent of the legal voters of any city
or town may propose to the city or town council an ordinance on the sub-
ject within the legislative jurisdiction and poAvers of such city or town
council, or an ordinance amending or repealing any prior ordinance or
ordinances. Such petition shall be filed 'with the city or town clerk. It shall
be the duty of the city or town clerk to present the same to the council at
its first meeting next following the filing of the petition. The council may,
within sixty days after the presentation of the petition to the council, pass an
ordinance similar to that proposed in the petition, either in exact terms or
with such changes, amendments, or modifications as the council may decide
upon. If the ordinance proposed by the petition be passed without change,
it shall not be submitted to the people, unless a petition for referendum de-
manding such submission shall be filed under the provisions of this act.
(2) If the council shall have made any change in the proposed ordi-
nance, a suit may be brought in the district court in and for the county in
which the city or town is situated, to determine whether or not the change is
material. Such suit may be brought in the name of any one or more of the
petitioners. The city shall be made the party defendant. Any elector of the
city or town may appear in such suit in person or by counsel on the hearing
thereof, but the court shall have the power to limit the number of counsel
who shall be heard on either side, and the time to be allowed for argument.
It shall only be necessary to state in the complaint that a petition for an
ordinance was filed in pursuance of this act ; that the city council passed an
ordinance on the subject different^ from that proposed in the petition ; and
that the plaintiff desires a construction of the ordinance so passed to
determine whether or not it differ materially from that proposed. The
petition and the ordinance proposed thereby, and the ordinance actually
passed, may be set out in the complaint, or copies thereof annexed to the
complaint. The names to the petition need not be set out. Such cases shall
be advanced and brought to hearing as speedily as possible, and have pre-
cedence over other cases, except criminal and taxation cases.
(3) The court shall have jurisdiction in such cases to determine
whether or not the change made by the city council is material, and also
whether the petition was regular in form or substance, and shall also
have power to decide, if the fact be put in issue by the defendant, whether
or not the petition was signed by a sufiicient number of voters and was
41
11-1104 ELECTION LAWS
regular in form. If the court shall decide that the change was material
and that the petition was regular in form and signed by a sufficient
number of legal voters, then the ordinance proposed by the petition shall
be submitted to the people as provided in this act. If the court shall decide
that the ordinance passed by the council was not materially different from
that proposed in the petition, or the petition was not regular in form, or
not signed by a sufficient number of legal voters, the ordinance shall not
be submitted to the people. If the court shall decide that the changes
made by the council were material, but that the petition was irregular for
some reason, or not properly or sufficiently signed, a new petition, regular
in form, may be presented by the required number of legal voters, asking
the council to submit such ordinance to the people, and thereupon the
same shall be so submitted as provided in this act.
(4) If the council shall not, within sixty days, pass an ordinance
on the subject of the ordinance proposed in the petition, then the ordinance
proposed by the petition shall be submitted to the people. Before sub-
mitting such ordinance to the people, the mayor or city or town council
may direct that a suit be brought in the district court in and for the county,
in the name of the city or town, to determine whether the petition and
ordinance are regular in form, and whether the ordinance so proposed
would be valid and constitutional. The complaint shall name as defendants
not less than ten nor more than twenty of the petitioners. In addition to
the names of such defendants, in the caption of the complaint, there shall
be added the words, "and all petitioners whose names appear on the petition
for an ordinance filed on the day of , in the year
," stating the date of filing. The summons shall be similarly
directed and shall be served on the defendants named therein, and in addi-
tion thereto shall be published at least once, at the expense of the city, in
at least one newspaper published in the city or town.
(5) In all suits brought under this section the decision of the district
court shall be final except in cases where it shall decide that the proposed
ordinance would be unconstitutional or invalid as being beyond the powers
of the city or town council, and in such excepted cases the petitioners,
or any of them, may appeal to the supreme court as in other cases, but
shall not be required to give any bond for costs. The decision of the
district court holding such ordinance valid or constitutional shall not.
however, prevent the question being raised subsequently, if the ordinance
shall be passed and go into effect, by anyone affected by the ordinance.
No costs shall be allowed to either side in suits or appeals under this section.
(6) If an ordinance shall be repealed pursuant to a proposal initiated
by the legal voters of a city or town, as in this section provided, the city
or town council may not, within a period of two years thereafter, re-enact
such ordinance or any ordinance so similar thereto as not to be materially
different therefrom. If during such two-year period the council shall enact
an ordinance similar to the one repealed pursuant to initiative of the voters,
a suit may be brought to determine whether such new ordinance be a re-
enactment without material change of the one so repealed, and the pro-
visions of subsections 2 and 3 hereof shall apply to such suit and determina-
tion of the issues arising thereon. Nothing herein contained shall prevent
42
CITIES AND TOWNS 11-1108
exercise of the initiative herein provided for, at any time, to procure a re-
enactment of an ordinance repealed pursuant to initiative of the voters.
History: En. Ch. 167, L. 1907; Sec. 3266,
Rev. O. 1907; re-en. Sec. 50&8, R. C. M.
1921; amd- Sec. 1, Ch. 24, L. 1951.
11-1105. (5059) Submission of question at regular election. Any ordi-
nance proposed bV petition as aforesaid, which shall be entitled to be sub-
mitted to the people, shall be voted on at the next regular election to be held
in the city or town, unless the petition therefor shall ask that the same be
submitted at a special election, and such petition be signed by not less than
fifteen per cent of the electors qualified to vote at the last preceding munici-
pal election.
History: En. Ch. 167, L. 1907; Sec.
3267, Rev. C. 1907; re-en. Sec. 5059, R. C.
M. 1921.
11-1106. (5060) No ordinance to be effective until thirty days after
passage. No ordinance or resolution passed by the council of any city or
town shall become effective until thirty days after its passage, except gen-
eral appropriation ordinances providing for the ordinary and current ex-
penses of the city or town, excepting also emergency measures, and in the
case of emergency measures the emergency must be expressed in the pre-
amble or in the body of the measure, and the measure must receive a two-
thirds vote of all the members elected. In emergency ordinances the resolu-
tions shall include only such measures as are immediately necessary for the
preservation of peace, health, and safety, and shall not include a franchise
or license to a corporation or individual, nor any provisions for the sale of
real estate, nor any lease or letting of any property for a period exceeding
one year, nor the purchase or sale of personal property exceeding five thou-
sand dollars in value.
History: En. Ch. 167, L. 1907; Sec.
3268, Rev. 0. 1907; re-en. Sec. 5060, R. C.
M. 1921.
11-1107. (5061) Referendum petition. During the thirty days follow-
ing the passage of any ordinance or resolution, five per cent of the qualified
electors of the city or town may, by petition addressed to the council and
filed with the clerk of the city or town, demand that such ordinance or
resolution, or any part or parts thereof, shall be submitted to the electors
of the city or town.
History: En. Ch. 167, L. 1907; re-en.
Sec. 3269, Rev. O. 1907; re-en. Sec. 5061,
R. C. M. 1921.
11-1108. (5062) Referendum to be had at regular election. Any meas-
ure on which a referendum is demanded under the provisions of this act shall
be submitted to the electors of the city or town at the next municipal elec-
tion; provided, the petition or petitions shall have been filed with the city
clerk at least thirty days before such election. If such petition or petitions
be signed by not less than fifteen per cent of the qualified electors of the
city or town, the measure shall be submitted at a special election to be held
for the purpose.
History: En. Ch. 167, L. 1907; re-«n.
Sec. 3270, Rev. 0. 1907; re-en. Sec. 5062,
R. C. M. 1921.
43
11-1109 ELECTION LAWS
11-1109. (5063) Special election may be ordered. The city or town
council may in any case order a special election on a measure proposed by the
initiative, or when a referendum is demanded, or upon any ordinance
passed by the city or town council, and may likewise submit to the electors,
at a general election, any ordinance passed by the city or town council.
History: En. Ch. 167, L. 1907; re-en.
Sec. 3271, E«v. 0. 1907; re-en. Sec. 5063,
B. C. M. 1921.
11-1110. (5064) Proclamation of election. Whenever a measure is
ready for submission to the electors, the clerk of the city or town shall, in
writing, notify the mayor thereof, who, forthwith, shall issue a proclamation
setting forth the measure and the date of the election or vote to be had
thereon. Said proclamation shall be published four days in four consecu-
tive weeks in each daily newspaper in the municipality, if there be such,
otherwise in the weekly newspapers published in the city or town. In case
there is no weekly newspaper published, the proclamation and the measure
shall be posted conspicuously throughout the city or town.
History: En. C31i. 167, L. 1907; re-en.
Sec. 3272, Rev. C. 1907; re-en. Sec. 5064,
E. C. M. 1921,
11-1111. (5065) Ballots and method of voting. The question to be bal-
loted upon by the electors shall be printed on the initiative or referendum
ballot, and the form shall be that prescribed by law for questions submitted
at state elections. The referendum or initiative ballots shall be counted,
canvassed, and returned by the regular board of judges, clerks, and officers,
as votes for candidates for office are counted, canvassed, and returned.
The returns for the questions submitted by the voters of the municipality
shall be on separate sheets, and returned to the clerk of the municipality.
The returns shall be canvassed in the same manner as the returns of regular
elections for municipal officers. The mayor of the municipality shall issue
his proclamation, as soon as the result of the final canvass is known, giving
the whole number of votes cast in the municipality for and against such
measure, and it shall be published in like manner as other proclamations
herein provided for. A measure accepted by the electors shall take effect
five days after the vote is officially announced.
History: Eil Sec. 167, L. 1907; re-en.
Sec. 3273, Rev. C. 1907; re-en. Sec. 5066,
R. C. M. 1921.
11-1112. (5066) Qualifications of voters. The qualifications for voting
on questions submitted to the electors, under the provisions hereof, shall be
the same as those required for voting at municipal elections in the city or
town at elections for mayor or aldermen thereof. And where, by the laws of
the state, or by ordinance of the citj' or town made in pursuance thereof,
electors are required to register in order to be qualified to vote at municipal
elections, the registration book or books shall be prima facie evidence of
the right to sign any petition herein provided for.
History: En. Oh. 167, L. 1907; re-en.
Sec. 3274, Rev. O. 1907; re-en. Sec. 5066,
R. C. M. 1921.
11-1113. (5067) Forms of petitions and conduct of proceedings. The
form of petitions and the proceedings under this act shall conform as nearly
44
CITIES AND TOWNS 11-1202
as possible, with the necessary changes as to details, to the provisions of
the laws of the state relating to the initiative and referendum, and be
regulated by such laws, except as otherwise provided in this act. The city
clerk shall perform the duties which, under the state laws, devolve upon
the county clerk and secretary of state, insofar as the provisions relating
thereto may be made to apply to the case of the city or town clerk ; but it
shall not be necessary to mail or distribute copies of the petitions or
measures to the electors of the city or town.
History: En. Oh. 167, L. 1907; re-en.
Sec. 3276, Rev. C. 1907; re-en. Sec. 5067,
R. C. M. 1921,
11-1114. (5068) To what ordinances applicable. The provisions of this
act regarding the referendum shall not apply to ordinances which are re-
quired by any other law of the state to be submitted to the voters or the
electors or taxpayers of any city or town.
History: En. Ch. 167, L. 1907; re-en.
Sec. 3276, Rev. C. 1907; re-en. Sec. 5068,
R. C. M. 1921.
CHAPTER 12
CONTEACTS AND FRANCHISES
Section 11-1202. Awarding contracts — advertisement — limitations — installments — sales
of supplies — purchases from government agencies — exemptions.
11-1206. Franchise, how granted.
11-1207. Grant of franchise must be submitted to tax-paying freeholders.
11-1208. Same — notice of election.
11-1209. When voted, council must pass ordinance.
11-1202. (5070) Awarding contracts — advertisement — limitations — in-
stallments— sales of supplies — purchases from government agencies — ex-
emptions. All contracts for work, or for supplies, or for material, for
which must be paid a sum exceeding one thousand dollars ($1,000.00),
must be let to the lowest responsible bidder after advertisement for bids ;
provided that no contract shall be let extending over a period of three
(3) years or more without first submitting the question to a vote of the
taxpaying electors of said city or town. Such advertisement shall be made
in the official newspaper of the city or town, if there be such official news-
paper, and if not it shall be made in a daily newspaper of general circula-
tion published in the city or town, if there be such, otherwise by posting
in three (3) of the most public places in the city or town. Such advertise-
ment if by publication in a newspaper shall be made once each week for
two consecutive weeks and the second publication shall be made not less
than five (5) days nor more than twelve (12) days before the considera-
tion of bids. If such advertisement is made by posting, fifteen (15) days
must elapse, including the day of posting, between the time of the posting
of such advertisement and the day set for considering bids. The council
may postpone action as to any such contract until the next regular meet-
ing after bids are received in response to such advertisement, may reject
any and all bids and readvertise as herein provided. The provisions of this
section as to advertisement for bids shall not apply upon the happening
of any emergency caused by fire, flood, explosion, storm, earthquake, riot
or insurrection, or any other similar emergency, but in such case the
45
/
11-1206 ELECTION LAWS /
council may proceed in any manner which, in the judgment of three-
fourths (34) of the members of the council present at the meeting, duly re-
corded in the minutes of the proceedings of the council by aye and nay
vote, will best meet the emergency and serve the public interest. Such
emergency shall be declared and recorded at length in the minutes of the
proceedings of the council at the time the vote thereon is taken and re-
corded.
When the amount to be paid under any such contract shall exceed one
thousand dollars ($1,000.00) the council may provide for the payment of
such amount in installments extending over a period of not more than
three (3) years; provided that when such amount is extended over a
term of two (2) years at least forty per centum (40%) thereof shall be
paid the first year and the remainder the second year, and when such
amount is extended over a term of three (3) years, at least one-third (1^)
thereof shall be paid each year ; provided that at the time of entering into
such contract, there shall be an unexpended balance of appropriation in
the budget for the then current fiscal year available and sufficient to meet
and take care of such portion of the contract price as is payable during
the then current fiscal year, and the budget for each following year, in
which any portion of such purchase price is to be paid, shall contain an
appropriation for the purpose of paying the same.
Old supplies or equipment may be sold by the city or town to the
highest responsible bidder, after calling for bid purchasers as herein set
forth for bid sellers, and such city or town may trade in supplies or old
equipment on new supplies or equipment at such bid price as will result
in the lowest net price.
Also a city or town may, without bid, when there are sufficient funds
in the budget for supplies or equipment, purchase such supplies or equip-
ment from government agencies available to cities or towns when the
same can be purchased by such city or town at a substantial saving to
such city or town.
All necessary contracts for professional, technical, engineering and
legal services are excluded from the provisions of this act.
History: En. Sec. 1, Ch. 48, L. 1907; amd. Sec. 1, Ch. 69, L. 1941; amd. Sec. 1,
re-en. Sec. 3278, Rev. C. 1907; re-en. Sec. Ch. 153, L. 1947; amd. Sec. 1, Ch. 139, L.
5070, R. C. M. 1921; amd. Sec. 1, Ch. 22, 1949; amd. Sec. 1, Ch. 220, L. 1959.
L. 1927; amd. Sec. 1, Ch. 18, L. 1939;
11-1206. (5074) Franchise, how g^ajited. The council must not grant
a franchise or special privilege to any person save and except in the manner
specified in the next section. The powers of the council are those only ex-
pressly prescribed by law and those necessarily incident thereto.
History: En. Sec. 4813, Pol. C. 1895; Ch. 29, L. 1921; re-en. Sec. 5074, R. C. M.
re-en. Sec. 3290, Rev. C. 1907; amd. Sec. 1, 192L
11-1207. (5075) Grant of franchise must be submitted to tax-pajring
freeholders. No franchise for any purpose whatsoever shall be granted by
any city or town, or by the mayor or city council thereof, to any person or
persons, association, or corporation, without first submitting the application
therefor to the resident freeholders whose names shall appear on the city
or county tax-roll preceding such election.
History: En. Sec. 1, Ch, 85, L. 1903; 5075, R. C. M. 1921.
re-en. Sec. 32^1, Rev. C. 1907; re-en. Sec.
46
CITIES AND TOWNS 11-2010
11-1208. (5076) Same — notice of election. A notice of such election
must be published at least in one daily newspaper, if there be one published
in the city or town, and if not, in some weekly newspaper of general circula-
tion, at least once a week for three successive weeks, and such notice must
be posted in three public places in the city or town. The notice must state
the time and place of holding the election, and the character of any such
franchise applied for, and the valuable consideration, if any there be, to be
derived by the city. At such election the ballots must contain the words,
"For granting franchise," "Against granting franchise," and in voting,
the elector must make a cross thus, "X," opposite the answer he intends to
vote for. Such election must be conducted and canvassed and the return
made in the same manner as other city or town elections.
History: En. Sec. 2, Ch. 85, L. 1903;
re-«ii. Sec. 3292, Rev. C. 1907; re-en. Sec.
5076, R. C. M. 1921.
11-1209. (5077) When voted, council must pass ordinance. If the
majority of the votes cast at the election be "For granting franchise," the
mayor and city council must thereupon grant the same by the passage and
approval of a proper ordinance.
History: En. Sec. 3, Ch. 85, L. 1903;
re-en. Sec. 3293 Rev. C. 1907; re-en. Sec.
5077, R. C. M. 1921.
CHAPTER 17
MUNICIPAL COURTS
Section 11-1703. Election of judges — term of office.
11-1703. (5094.3) Election of judges— term of office. There shall be
elected at the general city election in the year 1936 in all cities with a popu-
lation of twenty thousand (20,000) and over, one judge of municipal court.
The term of such judge so elected shall commence on the first Monday in
May, 1936, and terminate on the first Monday in May, 1938. Thereafter,
judges of municipal courts shall be elected at the general city elections in
all even numbered years. Such judges shall hold office for the term of
two years from the first Monday of May in the year in which they are
elected and until their successor is elected and qualified. All elections of
municipal judges shall be under and governed by the laws applicable to
the election of city officials, except that the names of candidates for munici-
pal judge shall be placed on the ballot to be used at such election without
any party designation or any statement, measure or principal which the
candidate advocates or any slogan after his name.
History: En. Sec. 3, Ch. 177, L. 1935.
CHAPTER 20
FIRE PROTECTION IN UNINCORPORATED TOWNS— FIKE WARDENS
COMPANIES AND DISTRICTS
Section 11-2010. Trustees of fire districts — appointment — powers.
11-2010. (5149) Trustees of fire districts — appointment — powers, (a)
Whenever the board of county commissioners shall have established a fire
47
11-2217 ELECTION LAWS '
district in any unincorporated territory, town or village, said commis-
sioners may contract with a city, town or private fire company to furnish
fire protection for property within said district, or shall appoint five quali-
fied trustees to govern and manage the affairs of the fire district, who shall
hold office until their successors are elected and qualified, as hereinafter
provided. Qualifications of electors and trustees, terms of office, vacancies,
manner and date of elections, shall, as far as possible, be the same as
provided in the school election laws for school districts of the second class ;
except, that only electors who are taxpayers affected by the special fire dis-
trict levies may vote at such elections, and be qualified to serve as trustees ;
and except, also, there need be no special registration of electors.
(b) Power of trustee. The trustees shall organize by choosing a chair-
man, and appointing one member to act as secretary. They shall prepare
and adopt suitable by-laws ; appoint and form fire companies that shall
have the same duties, exemptions, and privileges as other fire companies.
The trustees shall have the authority to provide adequate and standard
fire-fighting apparatus, equipment, housing and facilities for the protection
of the district ; and shall prepare annual budgets and request special levies
therefor. The budget laws relating to county budgets, shall, as far as
applicable, apply to fire districts.
(c) The trustees of such fire district may contract with the council
of any city or town, or with the trustees of any other fire district estab-
lished in any unincorporated territory, town or village, lying within five
(5) miles of the farthest limits of the district, whether such city or town
or other fire district shall lie within the same county or another county,
for the extension of fire protection service by such city or town, or by
such other fire district, to property included within the district, and may
agree to pay a reasonable consideration therefor, provided, that the owners
of ten per cent (10%) of the taxable value of the property in any fire
district may elect to make a contract with the city fire department for
fire protection, or to be included in the fire district protection facilities.
Likewise, the trustees may contract to permit the fire district equipment
and facilities to be used by or for such cities or towns lying within the
district, or by such cities, towns, or other fire districts lying within five
(5) miles of the farthest limits of the district.
History: En. Sec. 1, Ch. 107, L. 1911; amd. Sec. 2, Ch. 75, L. 1953; amd. Sec. 2,
amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. Ch. 77, L. 1959; amd. Sec. 1, Ch. 118, L.
5149, R. C. M. 1921; amd. Sec. 1, Ch. 130, 1959.
L. 1925; amd. Sec. 3, Ch. 97, L. 1947;
CHAPTER 22
SPECIAL IMPROVEMENT DISTRICTS
Section 11-2217. Cities and towns may establish sewage treatment and disposal plants
and systems and water supply and distribution systems.
11-2218. May issue bonds — sinking fund — rates for service, etc.
11-2271. Loans from revolving fund for paying improvement district warrants
— authorization by electors.
11-2275. Creation and maintenance of fund.
11-2:276. Issuance of bonds — submission to electors.
11-2217. Cities and towns may establish sewag-e treatment and disposal
plants and systems and water supply and distribution systems. Any city
48
CITIES AND TOWNS 11-2218
or town may when authorized so to do by a majority vote of the qualified
electors voting on the question establish, build, construct, reconstruct
and/or extend a storm and/or sanitary sewerage system and/or a plant or
plants for treatment or disposal of sewage therefrom, or a water supply
and/or distribution system, or any combinations of such systems, and may
operate and maintain such facilities for public use, and in addition to all
other powers granted to it, such municipality shall have authority, by
ordinance duly adopted by the governing body to charge just and equitable
rates, charges or rentals for the services and benefits directly or indirectly
furnished thereby. Such rates, charges or rentals shall be as nearly as
possible equitable in proportion to the services and benefits rendered, and
sewer charges may take into consideration the quantity of sewage produced
and its concentration and water pollution qualities in general and the cost
of disposal of sewage and storm waters. The sewer charges may be fixed
on the basis of water consumption or any other equitable basis the govern-
ing body may deem appropriate and, if the governing body determines that
the sewage treatment and/or storm water disposal prevents pollution of
sources of water supply, may be established as a surcharge on the water
bills of water consumers or on any other equitable basis of measuring the
use and benefits of such facilities and services. In the event of nonpayment
of charges for either water or sewer service and benefits to any premises,
the governing body may direct the supply of water to such premises to be
discontinued until such charges are paid.
In this act "qualified electors" shall mean registered electors of the
municipality whose names appear upon the last preceding assessment roll
for state and county taxes as taxpayers upon property within the munici-
pality. The question of building, constructing, reconstructing or extending
the system, plant or plants and the question of issuing and selling revenue
bonds for such purpose may be submitted as a single proposition or as
separate propositions. Any election under this act may be called by a
resolution of the governing body which it may adopt without being pre-
viously petitioned to do so.
History: En. Sec. 1, Ch. 149, L. 1943;
am<L Sec. 1, Ch. 100, L. 1947; amd. Sec. 1,
ClL 98, L. 1965.
11-2218. May issue bonds — sinking fund — rates for service, etc. Any
such municipality may issue and sell negotiable revenue bonds for the con-
struction of any such water or sewer system or combined water and sewer
system when authorized so to do by a majority vote of the qualified electors
voting on the question at an election called by the city council or other gov-
erning body of the municipality for that purpose, and noticed and con-
ducted in accordance with the provisions of sections 11-2308 to 11-2310, in-
clusive ; which bonds shall bear interest at a rate or rates and shall be sold
at a price resulting in an average net interest cost, computed to the stated
bond maturity dates, of not more than six per cent (6%) per annum and
all bonds shall mature within forty (40) years from date of bonds, and
may be registered as to ownership of principal only with the treasurer of
said municipality, if so directed by the governing body. No bonds shall
be sold for less than par, and each of said bonds shall state plainly on its
face that it is payable only from a sinking fund, naming said fund and the
49
11-2218 ELECTION LAWS
ordinance and resolution creating it, and that it does not create an indebted-
ness within the meaning of any charter, statutory or constitutional limita-
tion upon the incurring of indebtedness.
Prior to the issuance of said bonds the city council or other governing
body of such municipality shall adopt an ordinance or resolution author-
izing the issuance and sale of said bonds.
At the time of, or before the issuance and sale of any such bonds, the
governing body must create a sinking fund for the payment of the bonds
and the interest thereon and charges of the fiscal agency for making pay-
ment of the bonds and interest thereon.
At or before the issuance and sale of any such bonds, the governing
body shall, by resolution or ordinance, set aside a sinking fund and pledge
to the payment of the bonds and the interest thereon the net income and
revenues of the system, including all additions thereto and replacements
and improvements thereof subsequently constructed or acquired, up to an
amount sufficient to provide for the payment of the principal and the in-
terest on the bonds as such principal and interest shall become due and
payable, and to accumulate and maintain reserves securing such payments
in such amount as shall be deemed by the governing body to be necessary
and expedient.
The said net income and revenues above-mentioned shall be construed to
mean all the gross income from said system less normal, reasonable and
current expenses of operation and maintenance thereof.
Said payments above-mentioned shall constitute a first and prior charge
and lien on the entire net income and revenues derived from the operation
of said system, provided that the governing body shall have power from
time to time to establish the relative priority of the liens of successive issues
of bonds upon said net income and revenues, subject to any restrictions con-
tained in the ordinances or resolutions authorizing bonds of prior issues.
Any such municipality, by ordinance or resolution adopted by its gov-
erning body, and without an election, may issue and sell negotiable revenue
bonds to refund bonds previously issued for any of the foregoing purposes,
whether issued under authority of this section or any other applicable law.
Any municipality having issued bonds payable from net revenues of its
water and sewer system or combined water and sewer system, whether
under authority of this section or otherwise, may issue additional bonds
after authorization by the qualified electors in the manner hereinabove pro-
vided, to finance the reconstruction and improvement of such system and
the construction of additions thereto, and may provide that such addi-
tional bonds shall be payable from said net revenues on a parity with the
outstanding bonds of such previous issues, subject to any restrictions upon
such issuance which may be imposed by the resolutions or ordinances
authorizing said outstanding bonds; or the governing body may provide
for the issuance of refunding bonds, without an election, to retire such
outstanding bonds and may, if desired, combine such refunding issue with
the issue authorized by the electors for reconstruction, improvements and
additions, or may include the amount required for such refunding in the
amount of such additional issue when submitted to the electors. Said re-
funding bonds, or any bonds of any such combined issue, may be exchanged
50
CITIES AND TOWNS 11-2271
at par and accrued interest for all or part of said outstanding bonds,
with the consent of the holders thereof, or may be deposited in escrow for
the purpose of such exchange with a suitable bank or trust company within
or without the state ; or proceeds of the sale of the refunding or combined
issue may be similarly deposited in escrow and applied to the redemption
of all or part of the outstanding bonds at maturity or when the same are
next prepayable according to their terms, and to the payment of accrued
interest thereon and of any premium payable for redemption prior to ma-
turity, and to the purchase and retirement of any outstanding bonds which
can be so purchased at a price less than par plus interest to accrue to ma-
turity or, if prepayable, at a price less than par plus interest to accrue to
their earliest possible redemption date plus any premium payable upon
redemption prior to maturity; and any revenue bond proceeds so de-
posited in escrow may be invested in general obligations of the United States
pending the use thereof for the purposes herein authorized, and any such
investments shall be deposited with the escrow agent for safekeeping.
Nothing herein shall, however, be deemed to authorize the refunding of any
matured bonds for the payment of which net revenues on hand are suf-
ficient, or to authorize the refunding of any outstanding bonds at a higher
rate of interest unless available net revenues are insufficient to pay prin-
cipal and interest due thereon, or unless the refunding is authorized simul-
taneously with the issuance of additional bonds for reconstruction, inj-
provements or additions, which, according to the terms of the outstanding
bonds, must be junior and subordinate to the lien of such outstanding
bonds upon the net revenues.
History: En. Sec. 2, Ch. 149, L. 1943; Oh. 98, L. 1955; amd. Sec. 1, Ch. 38, L.
amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. 2, 1957.
11-2271. (5277.3) Loajis from revalving fund for paying improvement
district wajrants — authorization by electors. (1) Whenever any special
improvement district bond or warrant, or any interest thereon, shall be,
at the time of the passage of this act, or shall thereafter become due and
payable, and there shall then be either no money or not sufficient money in
the appropriate district fund with which to pay the same, an amount suffi-
cient to make up the deficiency may, by order of the council, be loaned by
the revolving fund to such district fund, and thereupon such bond or war-
rant or such interest thereon, or in case of such bonds or warrants due at
the time of the passage of this act, such part of the amount due on such
bond or warrant, whether it be for principal or for interest or for both as
the council may in its discretion elect or determine, shall be paid from the
money so loaned or from the money so loaned when added to such insuffi-
cient amount, as the case may require ; provided, however, that the above
provisions of sections 11-2269, 11-2270 and 11-2271 of this code shall not ap-
ply to any district or districts heretofore created, unless and until, at an
election, either the regular annual municipal election or a special election
called by the council, a majority of the electors whose names appear as the
owners of property in the city or town on the last completed tax roll of the
county in which the city or town is situated, shall authorize the city or
town council to proceed thereunder, such election to be called and con-
ducted in the manner and under such regulations as the council may pro-
vide. At such election no person other than such qualified elector and
51
11-2275 ELECTION LAWS
taxpayer shall vote on said question, and a majority of those voting thereat
shall be sufficient to determine, and shall determine, the question whether
the council be authorized or not to proceed under sections 11-2269, 11-2270
and 11-2271 of this code.
(2) In connection with any public offering of special improvement
district bonds or warrants, the city or town council may undertake and
agree to issue orders annually authorizing loans or advances from the
revolving fund to the district fund involved in amounts sufficient to make
good any deficiency in the bond and interest accounts thereof to the extent
that funds are available, and may further undertake and agree to provide
funds for such revolving fund pursuant to the provisions of section 11-2270
by annually making such tax levy (or, in lieu thereof, such loan from the
general fund) as the city or town council may so agree to and undertake,
subject to the maximum limitations imposed by said section 11-2270, which
said undertakings and agreements shall be binding upon said city or town
so long as any of said special improvement district bonds or warrants so
offered, or any interest thereon, remain unpaid.
History: En. Sec. 3, Ch. 24, L. 1929;
amd. Sec. 1, Ch. 179, L. 1945.
11-2275. Creation and maintenance of fund. A supplemental revolving
fund may be created by ordinance subject to the approval of a majority of
the qualified electors voting upon the question at a general or special elec-
tion. As used in this act "qualified electors" shall mean registered electors
whose names appear upon the last preceding assessment roll for state and
county taxes as taxpayers upon property within the municipality. The
supplemental revolving fund shall be created and maintained solely from
the net revenues of parking meters and the ordinance may pledge to said
fund all or any part of the said net revenues of parking meters which may
be then owned or leased or rented or thereafter acquired by the city or town.
Said ordinance shall contain such provisions in respect to the purchase,
control, operation, repair and maintenance of parking meters, including
rates to be charged, and the application of the net revenues therefrom and
the management and use of the supplemental revolving fund as the council
shall deem necessary.
History: En. Sec. 2, Ch. 260, L. 1947.
11-2276. Issuance of bonds — submission to electors. At any time after
the award of the contract for any of the improvements described in section
11-2274 and prior to the issuance of bonds or warrants therefor under the
provisions of section 11-2231 the council may by resolution determine that
such improvement is of a character that bonds may be issued hereunder
in lieu of bonds under said section 11-2231, and may submit to the qualified
electors of the city or town the question whether such bonds shall be issued.
The proposal to issue bonds may be submitted at the same election as the
proposal to create the supplemental revolving fund and must be approved
by a majority of the qualified electors voting on the question.
History: En. Sec. 3, Ch. 260, L. 1947.
52
CITIES AND TOWNS 11-2306
CHAPTER 23
MUNICIPAL BONDS AND INDEBTEDNESS
Section 11-2301. Creation of indebtedness — submission to taxpayers.
11-2306. Petition for election — form — proof,
11-2307. Consideration of petition — calling election.
11-2308. Notice of election — election hours — election officers.
11-2309. Form of ballots and conduct of election.
11-2310. Who are entitled to vote — registration of electors.
11-2311. Percentage of voters required to authorize the issuing of bonds.
11-2312. Canvass of election returns — resolution for bond issue.
11-2301. (5278.1) Creation of indebtedness — submission to taxpayers.
Whenever the council or commission of any city or town having a corporate
existence in this state, or hereafter organize under any of the laws thereof,
shall deem it necessary to issue bonds for any purpose whatever, under its
powers as set forth in any statute or statutes of this state, or amendments
thereto, the question of issuing such bonds shall first be submitted to the
electors of such city or town who are qualified to vote on such question, in
the manner hereinafter set forth; provided, however, that it shall not be
necessary to submit to such electors the question of issuing refunding bonds
to refund bonds theretofore issued and then outstanding: provided further
that no refunding bonds shall be issued unless such refunding bonds shall
bear interest at a rate of at least one-half of one per cent (^2 of 1%) less
than the interest rate of the outstanding bonds to be refunded. In order
to issue bonds to refund bonds theretofore issued and outstanding it shall
only be necessary for the council, at a regular or duly called special meet-
ing, to pass and adopt a resolution setting forth the facts with regard to the
indebtedness to be refunded, showing the reason for issuing such refunding
bonds, and fixing and determining the details thereof, giving notice of sale
thereof in the same manner that notice is required to be given of sale of
bonds authorized at an election and then following the procedure in this
act for the sale and issuance of such bonds.
History: En. Sec. 1, Ch. 160, L. 1931; 1937; amd. Sec. 1, Ch. 15, L. 1943; amd.
amd. Sec. 1, Ch, 100, L. 1933; amd. Sec. 1, Sec. 1, Ch. 62, L. 1946.
Oh. 12, L. 1937; amd. Sec. 1, Ch. 108, L.
11-2306. (5278.6) Petition for election— form— proof. No bonds shall
be issued by a city or town for any purpose, except to fund or refund war-
rants or bonds issued prior to and outstanding on July first, 1942, as author-
ized in section 11-2301, unless authorized at a duly called special or general
election at which the question of issuing such bonds was submitted to the
qualified electors of the city or town, and approved, as hereinafter provided,
and no such election shall be called unless there has been presented to the
city or town council a petition, asking that such election be held and ques-
tion submitted, signed by not less than twenty per centum (20%) of the
qualified electors of the city or town who are taxpayers upon property with-
in such city or town and whose names appear on the last completed assess-
ment roll for state and county taxes, as taxpayers within such city or town.
Every petition for the calling of an election to vote upon the question of
issuing bonds shall plainly and clearly state the purpose or purposes for
which it is proposed to issue such bonds, and shall contain an estimate of
the amount necessary to be issued for such purpose or purposes. There may
be a separate petition for each purpose, or two (2) or more purposes may
53
11-2307 ELECTION LAWS
be combined in one (1) petition, if each purpose with an estimate of the
amount of bonds to be issued therefor is separately stated in such petition.
Such petition may consist of one (1) sheet, or of several sheets identical in
form and fastened together, after being circulated and signed, so as to form
a single complete petition before being delivered to the city or town clerk,
as hereinafter provided. The petition shall give the street and house num-
ber, if any, and the voting precinct of each person signing the same.
Only persons who are qualified to sign such petitions shall be qualified
to circulate the same, and there shall be attached to the completed petition
the affidavit of some person who circulated, or assisted in circulating, such
petition, that he believes the signatures thereon are genuine and that the
signers knew the contents thereof before signing the same. The completed
petition shall be filed with the city or town clerk who shall, within fifteen
(15) days thereafter, carefully examine the same and the county records
showing the qualifications of the petitioners, and attach thereto a certificate,
under his official signature, which shall set forth :
(1) The total number of persons who are registered electors and whose
names appear upon the last completed assessment roll for state and county
taxes, as taxpayers within such city or town.
(2) Which, and how many of the persons whose names are subscribed
to such petition, are possessed of all of the qualifications required of signers
to such petition.
(3) Whether such qualified signers constitute more or less than twenty
per centum (20%) of the registered electors whose names appear upon the
last completed assessment roll for state and county taxes, as taxpayers with-
in such city or town.
History: En. Sec. 6, Ch. 160, L, 1931; amd. Sec. 2, Ch. 108, L. 1937; amd. Sec. 2,
Ch. 15, L. 1943.
11-2307. (5278.7) Consideration of petition — calling election. When
such petition has been filed with the city or town clerk and he has found it
has a sufficient number of signers qualified to sign the same, he shall place
the same before the city or town council at its first meeting held after he
has attached his certificate thereto. The council shall thereupon examine
such petition and make such other investigation as it may deem necessary.
If it is found the petition is in proper form, bears the requisite number
of signatures of qualified petitioners, and is in all other respects sufficient,
the council shall pass and adopt a resolution which shall recite the essen-
tial facts in regard to the petition and its filing and presentation, the pur-
pose or purposes for which the bonds are proposed to be issued, and fix
the exact amount of bonds to be issued for each purpose, which amount
may be less than but must not exceed the amount set forth in the petition,
determine the number of years through which such bonds are to be paid,
not exceeding the limitations fixed in section 11-2303, and making provi-
sion for having such question submitted to the qualified electors of the
city or town at the next general city or town election, or at a special
election which the council may call for such purpose.
History: En. Sec. 7, Cli. 160, L. 1931.
11-2308. (5278.8) Notice of election — ©lection hours — election oflaoers.
Whether such election is held at the general city or town election, or at a
54
CITIES AND TOWNS 11-2309
special election, separate notice shall be given thereof. Such notice shall
state the date when such election will be held, the hours between which the
polls will be open, the amount of bonds proposed to be issued, the purpose
thereof, the term of years through which the bonds will be paid, and such
other information regarding the election and the proposed bonds as the
board may deem proper. If the bonds proposed to be issued are for two
(2) or more purposes, each purpose and the amount thereof must be sep-
arately stated. Such notice shall be posted in each voting precinct in the
city or town at least ten (10) days prior to the date for holding such
election, and must also be published once a week for a period of not less
than two (2) consecutive weeks immediately preceding the date for hold-
ing such election in some newspaper published in the city or town, if
there be one, and if not then in a newspaper published in the state at a
point in the state nearest to the city or town, and designated by the city
or town council.
If the question of issuing bonds is submitted at a special election called
for such purpose, the city or town council shall fix the hours through
which the polls are to be kept open, which shall be not less than eight (8),
and which must be stated in the notice of election, and may appoint a
smaller number of judges than is required at a general city or town elec-
tion, but in no case shall there be less than three (3) judges in a precinct
and such judges shall act as their own clerks.
If the question of issuing bonds is submitted at a general city or town
election, the polls shall be kept open during the same hours as are fixed
for the general election and the judges and clerks for such general elec-
tion shall act as the judges and clerks thereof.
History: En. Sec. 8, Ch. 160, L. 1931.
11-2309. (5278.9) Form of ballots ajid conduct of election. Whenever
the question of issuing bonds is submitted at either a general city or town
election, or at a special election, separate ballots shall be provided therefor.
Such ballots shall be white in color and of convenient size, being only large
enough to contain the printing herein required to be done and placed there-
on, and shall have printed thereon in fair-sized, legible type and black ink,
in one (1) line or more, as required, the word "FOR" (stating the propo-
sition and the terms thereof explicitly and at length), and thereunder the
word "AGAINST" (stating the proposition and terms in like manner as
above) ; and there shall be before the word "FOR" and before the word
"AGAINST," each, a square space of sufficient size to place a plain cross or
X therein, and such arrangement shall be in the following manner :
n FOR (stating the proposition)
□ AGAINST (stating the proposition)
If bonds are sought to be issued for tAvo (2) or more separate purposes,
then separate ballots must be provided for each purpose or proposition.
The election shall be conducted, and the returns made, in the same
manner as other city or town elections; and all election laws governing
city and town elections shall govern, insofar as they are applicable, but
if such question be submitted at a general city or town election the votes
thereon must be counted separately and separate returns must be made
55
11-2310 ELECTION LAWS
by the judges and clerks at such election. Returns must be made separately
for each proposition or question submitted at such election.
History: En. Sec. 9, Ch. 160, L. 1931.
11-2310. (5278.10) Who are entitled to vote — registration of electors.
Only such registered electors of the city or town whose names appear upon
the last preceding assessment roll for state and county taxes, as taxpayers
upon property within the city or town, shall be entitled to vote upon any
proposition of issuing bonds by the city or town. Upon the adoption of the
resolution calling for the election the city or town clerk shall notify the
county clerk of the date on which the election is to be held and the county
clerk must cause to be published in the official newspaper of the city or
town, if there be one, and if not in a newspaper circulated generally in the
said city or town and published in the county where the said city or town
is located, a notice signed by the county clerk stating that registration for
such bond election will close at noon on the fifteenth (15th) day prior to
the date for holding such election and at that time the registration books
shall be closed for such election. Such notice must be published at least
five (5) days prior to the date when such election books shall be closed.
After the closing of the registration books for such election the county
clerk shall promptly prepare lists of the qualified electors of such city or
town who are taxpayers upon property therein and whose names appear
on the last completed assessment roll for state, county and school district
taxes and who are entitled to vote at such election and shall prepare pre-
cinct registers for such election as provided in section 23-515 and deliver
the same to the city or town clerk who shall deliver the same to the
judges of election prior to the opening of the polls. It shall not be neces-
sary to publish or post such lists of qualified electors.
History: En. Sec. 10, Ch. 160, L. 1931;
amd. Sec. 1, Ch. 182, L. 1939; amd. Sec.
17, Ch. 64, L. 1959.
11-2311. (5278.11) Percentage of voters required to authorize the issu-
ing of bonds. Wherever the question of issuing bonds for any purpose is
submitted to the qualified electors of a city or town, at either a general or
special election, not less than forty per centum (40%) of the qualified elec-
tors entitled to vote on such proposition or question must vote thereon,
otherwise such proposition shall be deemed to have been rejected ; provided,
however, that if forty per centum (40%) or more of such qualified electors
do vote on such proposition or question at such election, and a majority of
such votes shall be cast in favor of such question or proposition, then such
proposition or question shall be deemed to have been adopted and approved.
History: En. Sec. 11, Ch. 160, L. 1931.
11-2312. (5278.12) Canvass of election returns — resolution for bond
issue. If the bonding election is held at the same time as a general city or
town election, then the returns shall be canvassed by the city or town coun-
cil at the same time as the returns from such general election; but if the
question of issuing bonds is submitted at a special election then the city
or town council shall meet within ten (10) days after the date of holding
such special election and canvass the returns. If it is found that at such
election forty per centum (40%) or more of the qualified electors of the
city or town entitled to vote on such question or proposition voted thereon,
56
CITIES AND TOWNS 11-2404
and that a majority of such votes were east in favor of the issuing of
such bonds, the city or town council shall, at a regular or special meeting
held within thirty (30) days thereafter, pass and adopt a resolution pro-
viding for the issuance of such bonds. Such resolution shall recite the
purpose for which such bonds are to be issued, the amount thereof, the
maximum rate of interest the bonds may bear, the date they shall bear,
the period of time through which they shall be payable, and that any
thereof maj^ be redeemed in full, at the option of the city or town, on any
interest payment date from and after ten (10) years from the date of
issue ; and provide for the manner of the execution of the same. It shall
provide that preference shall be given amortization bonds but shall fix
the denomination of serial bonds in case it shall be found advantageous
to issue bonds in that form, and shall adopt a form of notice of the sale
of the bonds.
The board may, in its discretion, provide that such bonds may be issued
and sold in two (2) or more series or installments.
History: En. Sec. 12, Ch. 160, L. 1931.
CHAPTER 24
MUNICIPAL EEVENTJE BOND ACT OP 1939
Section 11-2404. Authorization of undertaking — form and contents of bonds.
11-2404. Authorization of undertaJ^ing — form and contents of bonds.
The acquisition, purchase, construction, reconstruction, improvement, bet-
terment or extension of any undertaking may be authorized under this
chapter, and bonds may be authorized to be issued under this chapter by
resolution or resolutions of the governing body of the municipality, when
authorized by a majority of the taxpayers voting upon such question at a
special election noticed and conducted as provided in sections 11-2308 to
11-2310, inclusive, and said special election shall be held not later than the
next municipal election held after the council or governing body of the
municipality has by resolution or resolutions approved the acquisition, pur-
chase, construction, reconstruction, improvement, betterment or extension
of any undertaking as in this chapter provided and ordered said special
election ; provided, that the issuance of refunding revenue bonds may be
authorized by resolution or resolutions of the governing body of the munici-
pality without an election.
Said bonds shall bear interest at such rate or rates not exceeding
six per centum (6%) per annum, payable semi-annually, may be in one or
more series, may bear such date or dates, may mature at such time or
times not exceeding forty (40) years from their respective dates, may
be payable in such place or places, may carry such registration privileges,
may be subject to such terms of redemption, may be executed in such
manner, may contain such terms, covenants and conditions, and may be in
such form, either coupon or registered, as such resolution or subsequent
resolutions may provide. Said bonds shall be sold at not less than par.
Said bonds may be sold at private sale to the United States of America
or any agency, instrumentality or corporation thereof. Unless sold to the
United States of America or agency, instrumentality or corporation thereof,
said bonds shall be sold at public sale after notice of such sale published
once at least five (5) days prior to such sale in a newspaper circulating
57
11-2504 ELECTION LAWS
in the municipality and in a financial newspaper published in the city of
New York, New York, or the city of Chicago, Illinois, or the city of San
Francisco, California. Pending the preparation of the definitive bonds,
interim receipts or certificates in such form and with such provisions as
the governing body may determine may be issued to the purchaser or
purchasers of bonds sold pursuant to this chapter. Said bonds and interim
receipts or certificates shall be fully negotiable within the meaning of
and for all the purposes of the negotiable instruments law.
History: En. Sec. 4, Ch. 126, L. 1939;
amd. Sec. 2, Ch. 145, L. 1951; amd. Sec. 2,
Ch. 38, L. 1957.
CHAPTER 25
ABATEMENT OF SMOKE NUISANCE
Section 11-2504. Bonds.
11-2505. Election.
11-2506. Notice of election.
11-2511. Provisions concerning election.
11-2504. (5292) Bonds. For the purpose of raising moneys to meet the
payments under the terms and conditions of said contract, and other neces-
sary and proper expenses in and about the same, and the approval or dis-
approval thereof, it shall be the duty of the board of county commissioners,
if the petition be presented to it within thirty days thereafter, to ascertain
the existing indebtedness of the county in the aggregate, and within sixty
days after ascertaining the same to submit to the electors of such county
the proposition to approve or disapprove the said contract, and the issuance
of bonds necessary to carry out the same, which shall not exceed five per
centum of the value of the taxable property therein, inclusive of the exist-
ing indebtedness thereof, to be ascertained by the last assessment for state
and county taxes previous to the issuance of said bonds and incurring said
indebtedness; and if said petition be presented to the council of any in-
corporated city or town, then within thirty days thereafter they shall
ascertain the aggregate indebtedness of such city or town, and, within
sixty days after ascertaining the same, submit to the electors of such city
or town the proposition to approve or disapprove said contract, and the
issuance of bonds necessary to carry out the same, which shall not exceed
three per centum of the value of the taxable property therein, inclusive of
the existing indebtedness thereof, to be ascertained in the manner herein-
before provided, and if disapproved, the expenses of such election shall be
paid out of the general fund of such county, city, or town, as the case may
be.
History: En. Sec. 4, p. 143, L. 1893; 3433, Rev. C. 1907; re-en. Sec, 5292, E. C.
re-en. Sec. 4834, Pol. C, 1895; re-eoi. Sec. M. 1921.
11-2505. (5293) Election, The vote upon such proposition shall be had
at an election for that purpose to be held, conducted, counted, and results
ascertained and determined in the manner and by the same officers provided
by law for general elections, except as otherwise herein provided, and the
proposition to be submitted shall be upon printed tickets or ballots, upon
each of which shall be printed the following : "For the contract and bonds,"
"Against the contract and bonds," the former above the latter, and the
elector shall indicate his vote by a cross opposite the one or the other for
58
CITIES AND TOWNS 11-2511
which he votes ; and if it appears from the result of such election that a
majority of the votes cast were "For the contract and bonds," then said
contract shall be in full force and effect, and the said bonds shall be issued
and disposed of in the manner hereinafter provided. If it shall appear from
the result of such election that there was a tie, or a majority of said votes
were cast "Against the contract and bonds," then the said contract and
bond given for its fulfilment shall be null and void and of no effect, and
said bonds and none thereof shall be issued.
History: En. Sec. 5, p. 144, L. 1893; 3434, Rev. C. 1907; re-en. Sec. 5293, R. C.
re-en. Sec. 4835, Pol. C. 1895; re-en. Sec. M. 1921.
11-2506. (5294) Notice of election. The board of county commissioners
of the county in which such election is to be held, or the council of the incor-,
porated city or town, as the case may be, shall give notice of such election,
stating the objects thereof, the time and place of holding the same, such
conditions of the contract as in their judgment are proper and necessary
to enable the electors to vote intelligently upon the proposition submitted
to them, the amount of bonds proposed to be issued, when payable, and
the interest they are to bear, with a description of the tickets or ballots
to be used, in some newspaper printed and published and circulated in the
county, or city, or town, as the case may be, in which such election shall be
held, at least three times a week for at least six consecutive weeks next
preceding such election, and if no newspaper be printed, published, and cir-
culated therein, then in some newspaper printed and published in some
county nearest thereto.
History: En. Sec. 6, p. 144, L. 1893; 3435, Rev. C. 1907; re-eai. Sec. 5294, R. C.
re-en. Sec. 4836, Pol. C. 1895; re-en. Sec. M. 1921.
11-2511. (5299) Provisions concerning election. No registration under
the election laws of this state shall be required for the purposes of the elec-
tion herein provided for, and the registration had at the last election pre-
ceding the same shall govern and control as if especially had and done for
the purposes of the election to be held under this act.
History: En. Sec. 11, p. 146, L. 1893; 3440, Rev. 0. 1907; re-«n. Sec. 5299, R. C.
re-en. Sec. 4841, Pol. C. 1895; re-en. Sec. M. 1921.
CHAPTER 31
COMMISSION FORM OF GOVERNMENT
Section 11-3101. Any city may reorganize under commission form.
11-3102. Submission to electors — petition and order of election.
11-3103. Proclamation of election.
11-3104. Ballots— form.
11-3105. Certificate of result of election — no further election for two years.
11-3106. Calling of election to elect city officers.
11-3107. Manner of conducting election — canvassing votes.
11-3108. Laws governing city — ordinances — territorial limits and property.
11-3109. Number of councilmen — vacancies, how filled.
11-3110. Beginning of term of office.
11-3111. Tenure of office — expiration of term.
11-3112. Nomination of candidates — primary election.
11-3113. Receipt of majority of all votes cast at primary election elects candi-
date and dispenses with general election, when.
11-3114. Penalty for working for candidate.
11-3115. Fees for filing for office.
11-3116. Bribery — false answers concerning qualifications of elector — voting by
disqualified person.
59
11-3101 ELECTION LAWS
11-3126. Ordinances and franchises — how adopted or granted.
11-3127. Officers not to be interested in contracts, receive passes, or do elec-
tioneering.
11-3128. Civil service.
11-3132. Recall of elective officers.
11-3133. Ordinance — how submitted — petition and election.
11-3134. Taking effect and suspension of ordinances.
11-3135. Abandonment of commission form.
11-3136. Eequirements of petitions.
11-3137. Effect of act upon existing laws.
11-3101. (5366) Any city may reorganize under commission form.
Any city may abandon its organization and reorganize under the provisions
of this act, by proceeding as hereinafter provided.
History: En, Sec. 1, Ch. 57, L. 1911;
re-en. Sec. 5366, B. C. M. 1921.
11-3102. (5367) Submission to electors — petition and order of election.
Upon a petition being filed with the city council, signed by not less than
twenty-five per cent of the qualified electors of such city registered for the
last preceding general city election, praying that the question of reorganiza-
tion under this act be submitted to the qualified electors of such city, said
city council shall thereupon, and within thirty days thereafter, order a
special election to be held, at which election the question of reorganization
of such city, under the provisions of this act, shall be submitted to the quali-
fied electors of such city.
Such order of the city council shall specify therein the time when such
election shall be held, which must be within ninety days from the date of
the filing of such petition.
History: En. Sec. 2, Oh. 57, L. 1911;
amd. Sec. 1, CIl 2, L. 1915; re-en. Sec.
5367, E. C. M. 1921.
11-3103. (5368) Proclamation of election. Upon the city council order-
ing such special election to be held, the mayor of such city shall issue a
proclamation setting forth the purpose for which such special election is
called, and the date of holding such special election, which proclamation
shall be published for ten consecutive days in each daily newspaper pub-
lished in said city, if there be such, otherwise once a week for two consecu-
tive weeks in each weekly newspaper published therein, and such proclama-
tion shall also be posted in at least five public places within such city.
History: En. Sec. 3, Ch. 57, L. 1911;
re-en. Sec. 5368, B. O. M. 1921.
11-3104. (5369) Ballots — form. At such election the ballots to be used
shall be printed upon plain, white paper, and shall be headed "Special elec-
tion for the purpose of submitting to the qualified electors of the city of
the question of reorganization of the city of
under chapter (name of chapter containing this
act) of the acts of the twelfth legislative assembly," and shall be substan-
tially in the following form :
For reorganization of the city of under chapter
(name of chapter containing this act) of the act of the twelfth legislative
assembly.
60
CITIES AND TOWNS 11-3108
Against reorganization of the city of under chapter
(name of chapter containing this act) of the acts of the twelfth legislative
assembly.
Such election shall be conducted and vote canvassed and result declared
in the same manner as provided by law in respect to other city elections.
History: En. Sec. 4, Oh. 57, L. 1911;
re-en. Sec. 5369, B. C. M. 1921.
11-3105. (5370) Certificate of result of election — no further election for
two years. If such proposition is adopted, the mayor shall transmit to the
governor, to the secretary of state, and to the county clerk and recorder,
each, a certificate stating that such proposition was adopted.
If such proposition shall not be adopted at such special election, such
proposition shall not again be submitted to the electors of such city within
a period of two years thereafter.
History: En. Sec. 5, Oh. 57, L. 1911;
re-en. Sec. 5370, K. 0. M. 1921.
11-3106. (5371) Calling of election to elect city officers. If a majority
of the votes cast at such election shall be in favor of such proposition, the
city council must, at its first regular meeting held thereafter, order a special
election to be held for the purpose of electing a mayor and the number of
councilmen to which such city shall be entitled, which order shall specify
the time of holding such election, which must be within ninety days after
the making of said order, and the mayor shall thereupon issue a proclama-
tion setting forth the purposes for which such special election is called and
the day of holding the same, which proclamation shall be published for ten
successive days in each daily newspaper published in such city, if there
be such, otherwise once a week for two consecutive weeks in each weekly
newspaper published therein, and a copy thereof shall also be posted at each
voting place within said city, and also in at least ten of the most public
places in said city.
History: En. Sec. 6, Oh. 57, L. 1911;
amd. Sec. 2, Oh. 2, L. 1915; re-en. Sec.
5371, R. 0. M, 1921.
11-3107. (5372) Manner of conducting election — canvassing votes.
Such election shall be conducted, the vote canvassed, and result declared in
the same manner as provided by law in respect to other city elections.
History: En, Sec. 7, Oh. 57, L. 1911;
re-en. Sec. 5372, B. 0. M. 1921.
11-3108. (5373) Laws governing city — ordinances — ^territorial limits
and property. All laws governing cities of the first, second, and third
classes, and not inconsistent with the provisions of this act, shall apply to
and govern cities organized under this act. All by-laws, ordinances, and
resolutions lawfully passed and in force in any such city under its former
organization shall remain in force until altered or repealed by the council
elected under the provisions of this act. The territorial limits of such city
shall remain the same as under the former organization, and all rights and
propertj' of every description, which were vested in any such city under its
former organization, shall vest in the same under the organization herein
contemplated, and no right or liability either in favor of or against it,
61
11-3109 ELECTION LAWS
existing at the time, and no suit or prosecution of any kind shall be af-
fected by such change, unless otherwise provided for in this act.
History: En. Sec. 8, Ch. 57, L. 1911;
re-en. Sec. 5373, R. C. M. 1921.
11-3109. (5374) Number of councilmen — vacancies, how filled. In
every city of the third class, there shall be a mayor and two councilmen ; in
every city of the second class, a mayor and two councilmen ; in every city
of the first class having a population of less than twenty-five thousand
(25,000), a mayor and two (2) councilmen, and in every city of the first
class having a population of twenty-five thousand (25,000), or more, a
mayor and four (4) councilmen, and the mayor and all councilmen shall be
elected at large.
Vacancies in the office of mayor or councilmen shall be filled by appoint-
ment made by a majority vote of the remaining members of the council,
and if, in filling such vacancy, a tie vote should occur, then the person to fill
said vacancy shall be determined by lot in such manner as said council may
provide. A person appointed to fill any such vacancy shall hold his office
until the next general election and until his successor is elected and quali-
fied. A person elected to fill a vacancy shall hold office until the expiration
of the term for which the person he succeeds was elected.
History: En. Sec. 9, Ch. 57, L. 1911;
re-en. Sec. 5370, R. C. M. 1921; amd. Sec.
1, Ch. 18, L. 1945.
11-3110. (5375) Beginning of term of office. The mayor and council-
men elected at such special election shall qualify, and their terms of office
shall begin on the first Monday after their election, and the terms of office of
the mayor and councilmen or aldermen in such city in office at the beginning
of the term of office of the councilmen first elected under the provisions
of this act shall then cease and determine, and the terms of office of "all
their appointed officers in force in such city, except as hereinafter pro-
vided, shall cease and determine as soon as the council shall by resolution
declare.
History: En. Sec. 10, Ch. 57, L. 1911;
re-en. Sec. 5375, R. C. M. 1921.
11-3111. (5376) Tenure of office — expiration of term. The terms of
office of the mayor and all councilmen elected at such special election shall
expire on the first Monday in May of the year following their election. At
the first regular city election held in the year in which the terms of office
of the mayor and councilmen elected at such special election shall expire, a
mayor and two councilmen shall be elected in cities having a population
of less than twenty-five thousand. The mayor elected at such first general
city election shall hold office for two years; one of the councilmen elected
at such first city election shall hold office for one year; and the other
of such councilmen elected at such first general city election shall hold
office for two years, beginning with the first Monday in May of that year;
a mayor and four councilmen shall be elected in cities having a population
of twenty-five thousand or more ; and the mayor elected at such first
general city election shall hold office for two years. Two of the council-
men elected at such first general city election shall hold office for one year,
62
CITIES AND TOWNS 11-3112
and the other two of the councilmen elected at such first general city elec-
tion shall hold office for two years, beginniiij^ with the first Monday in
May of that year ; and the terms of office of the mayor and all councilmen
thereafter elected shall be two years.
The councilmen elected at the first general city election shall decide
by lot in such manner as they may select, which thereof shall hold the office
of councilman the term of which expires one year thereafter, and which
thereof shall hold the office of councilman, the term of which expires two
years thereafter.
History: En. Sec. 11, Ch. 57, L. 1911;
re-en. Sec. 5376, R. C. M. 1921.
11-3112. (5377) Nomination of candidates — primary election. (1)
Candidates to be voted for at all general municipal elections at which a
mayor or councilmen are to be elected under the provisions of this act shall
be nominated by a primary election, and no other names shall be placed
upon the general ballot except those selected in the manner hereinafter pre-
scribed. The primary election for such nominations shall be held on the
second Monday preceding the municipal election. The judges of election
appointed for the municipal election shall be the judges of the primary
election, and it shall be held at the same places, as far as possible, and the
polls shall be opened and closed at the same hours, with the same clerks as
are required for said general municipal election.
(2) Any qualified elector of said city who is the owner of any real
estate situated therein, desiring to become a candidate for mayor or coun-
cilman, shall, at least ten days prior to said primary election, file with the
city clerk a statement of such candidacy in substantially the following
form:
State of Montana, ^
}ss.
County of J
I, , being first duly
sworn, say that I reside at street,
city of , county of
state of Montana; that I am a qualified voter therein; that I am a candi-
date for nomination to the office^ of (mayor or councilman) to be voted
upon at the primary election to be held on the Monday of ,
19 , and I hereby request that my name be printed upon the official
primary ballot for nomination by such primary election for such office.
(Signed)
Subscribed and sworn to (or affirmed) before me by
on this day of , 19
(Signed)
and shall at the same time file therewith the petition of at least twenty-five
qualified voters requesting such candidacy. Each petition shall be verified
by one or more persons as to qualifications and residence, with street num-
ber, of each of the persons so signing the said petition, and the said petition
shall be in substantially the following form :
(3) Petition accompanying nominating statement.
63
11-3112 ELECTION LAWS
The undersigned, duly qualified electors of the city of
, and residing at the places set opposite our respective
names hereto, do hereby request that the name of (name of candidate) be
placed in the ballot as a candidate for nomination for (name of office) at
the primary election to be held in such city on the Monday of
, 19 We further state that we know him to be a
qualified elector of said city and a man of good moral character, and
qualified, in' our judgment, for the duties of such office.
Names of qualifying electors. Number. Street.
(4) Each signer of a nomination paper shall sign but one such nomina-
tion paper for the same office, except where more than one officer is to be
elected to the same office, in which case he may sign as many nomination
papers as there are officers to be elected, and only one candidate shall be
petitioned for or nominated in the same nomination paper.
(5) Immediately upon the expiration of the time of filing the state-
ments and petitions for candidates, the said city clerk shall cause to be pub-
lished for three consecutive days in all the daily newspapers published in
the city, in proper form, the names of the persons as they are to appear
upon the primary ballots, and if there be no daily newspaper, then in two
issues of any other newspapers that may be published in said city; and
the said clerk shall thereupon cause the primary ballots to be printed,
authenticated with a facsimile of his signature. Upon the said ballot the
names of the candidates for mayor, arranged alphabetically, shall first be
placed, with a square at the left of each name, and immediately below the
words, "Vote for one." Following these names, likewise arranged in alpha-
betical order, shall appear the names of the candidates for eouncilmen, with
a square at the left of each name, and below the names of such candidates
shall appear the words, "Vote for (giving the number of persons to be
voted for)." The ballot shall be printed upon plain substantial, white paper,
and shall be headed:
Candidates for nomination for mayor and eouncilmen of the city of
at the
Primary Election ;
but shall have no party designation or mark whatever. The ballots shall
be in substantially the following form: (Place a cross in the square preced-
ing the names of the parties you favor as candidates for the respective
positions).
Official Primary Ballot.
Candidates for nomination for mayor and eouncilmen of the city of
at the
Primary Election.
For Mayor.
(Name of candidate.)
(Vote for one.)
For councilman.
(Name of candidate.)
64
CITIES AND TOWNS 11-3112
(Vote for (Giving number to be voted for).
OflBcial ballot attest:
(Signature)
City Clerk.
(6) Having caused said ballots to be printed, the said city clerk shall
cause to be delivered at each polling place a number of said ballots equal
to twice the number of such voters registered in such polling place at the
last general municipal election. The persons who are qualified to vote
at the general election shall be qualified to vote at such primary election
and any person offering to vote may be orally challenged by any elector
of the city upon any or all of the grounds set forth and specified in section
23-1220 of these codes, and the provisions of sections 23-1221 to 23-1228,
inclusive, of these codes shall apply to all challenges made at such election.
Judges of election shall immediately upon the closing of the polls count
the ballots and ascertain the number of votes cast in such precinct for each
of the candidates for mayor and councilman, and make return thereof
to the city clerk upon the proper blanks to be furnished by the city clerk
within six hours of the closing of the polls. On the day following the
primary election the city clerk shall canvass said returns so received from
all the polling precincts, and shall make and publish in all the newspapers
in said city, at least once, the result thereof. Said canvass by the city
clerk shall be publicly made.
(7) If a mayor is to be elected at such municipal election, the two per-
sons reciving the highest number of votes shall be the candidates for mayor.
If one councilman is to be elected at such municipal election, the two per-
sons receiving the highest number of votes shall be the candidates for coun-
cilmen. If two councilmen are to be elected at such general municipal elec-
tion, the four persons receiving the highest number of votes shall be the
candidates for councilmen, and if three councilmen are to be elected at such
municipal election, the six persons receiving the highest number of votes
shall be the candidates for councilmen, and if four councilmen are to be
elected at such general municipal election, the eight persons receiving the
highest number of votes shall be candidates for councilmen at such general
election, and these shall be the only candidates for mayor and councilmen
at such general election.
(8) All electors of cities under this act, who, by ordinances governing
cities incorporated under the general municipal incorporation law, or by
charter, would be entitled to vote for the election of officers at any general
municipal election in such cities, shall be qualified to vote at all elections
under this act; and the ballots to be used at such general municipal elec-
tion shall be in the same general form as for such primary elections so far
as applicable, and in all elections in such cities the election precincts,
voting places, method of conducting the elections, canvassing of votes, and
announcing the results shall be the same as by law provided for the elec-
tion of officers in such cities so far as the same are applicable and not in-
consistent with the provisions of this act.
(9) Every person who has been declared elected mayor or councilman,
shall, within ten days thereafter, take and file with the city clerk his oath of
office in the form and manner provided by law, and shall execute and give
sufficient bond to the municipal corporation in the sum of ten thousand
65
11_3113 ELECTION LAWS
dollars, conditioned for the faithful performance of the duties of his office,
which bond shall be approved by the judge of the district court of the
county in which such city is situated, and filed with the clerk and recorder
of the county in which such city is situated.
History: En. Sec. 12, Ch. 57, L. 1911; the bonds of mayor and councilmen at
re-en. Sec. 5377, R. C. M. 1921. $10,000.00 is superseded by Sec. 1, Ch. 9,
NOTE.— Par. 9 of this section fixing Laws 1943 (11-3124) fixing them at $5,000.
11-3113. (5377.1) Receipt of majority of all votes cast at primary
election elects candidate and dispenses with general election, when.
Whenever, in any city operating under a commission form of government,
at a primary election held in accordance with section 11-3112, a councilman
or councilmen or a mayor and councilman or councilmen are to be elected,
one person or candidate for any office to be filled shall receive a majority of
all votes cast for such office, then such person or persons shall be deemed
duly elected to the respective office or offices for which he or they receive
such majority vote. If at such primary election more than two (2) persons
are candidates for the same office and no one person receives a majority of
all votes cast for such office then the names of the two persons receiving
the highest number of votes shall be placed upon the general municipal
election ballot under the provisions of section 11-3112. If, in any year, all
officers to be elected are thus elected by a majority vote at such primary
election, then, in that event, no general municipal election shall be held in
said city for said year.
History: En. Sec. 1, Oh. 13, L. 1933.
11-3114. (5378) Penalty for working for candidate. Any person who
shall agree to perform any services in the interest of any candidate for any
office provided in this act, in consideration of any money or other valuable
thing for such services performed in the interest of any candidate, shall
be punished by a fine not exceeding three hundred dollars or be impris-
oned in the county jail not exceeding thirty days.
History: En. Sec. 13, Ch. 57, L. 1911;
re-en. Sec. 5378, R. C. M. 1921.
11-3115. (5378.1) Fees for filing for office. Every candidate for mayor
and every candidate for councilman in cities operating under the commis-
sion form of government shall, at the time of filing his nominating petition
pay the following fees to the city clerk as filing fee : A candidate for mayor
shall pay twenty dollars ($20.00), and a candidate for councilman shall pay
fifteen dollars ($15.00).
History: En. Sec. 1, Ch. 137, L. 1933.
11-3116. (5379) Bribery — false answers concerning qualifications of
elector — voting by disqualified person. Any person offering to give a bribe,
either in money or other consideration, to any elector, for the purpose of
influencing his vote at any election provided in this act, or any elector en-
titled to vote at any such election receiving and accepting such bribe or
other consideration ; any person who agrees, by promise or written state-
ment, that he will do, or will not do, any particular act or acts, for the
purpose of influencing the vote of any elector or electors at any election
provided in this act ; any person making false answer to any of the pro-
visions of this act relative to his qualifications to vote at such election ; any
66
CITIES AND TOWNS 11-3127
person wilfully voting or offering to vote at such election who has not been
a resident of this state for one year next preceding said election, or who is
not twenty-one years of age, or is not a citizen of the United States, or
knowing himself not to be a qualified elector of such precinct where he of-
fers to vote ; any person knowingly procuring, aiding, or abetting any vio-
lation hereof, shall be deemed guilty of a misdemeanor, and, upon convic-
tion, shall be fined in a sum not less than one hundred dollars nor more than
five hundred dollars ; and be imprisoned in the county jail not less than
ten nor more than ninety days.
History: En. Sec. 14, Oh. 57, L. 1911;
re-en. Sec. 5379, R. C. M. 1921.
11-3126. (5388) Ordinances and franchises — how adopted or grunted.
Every ordinance or resolution appropriating money, or ordering any street
improvement or sewer, or making or authorizing the making of any con-
tract, or granting any franchise or right to occupy or use the streets,
highways, bridges, or public places in the city for any purpose, shall be
complete in the form in which it is finally passed, and remain on file
with the city clerk for public inspection at least one week before the
final passage or adoption thereof. No franchise or right to occupy or use
the streets, highways, bridges, or public places in any such city shall be
granted, renewed, or extended, except by ordinance, and every franchise
or grant for interurban or street railways, gas, or water-works, electric
light, or power plant, heating plant, telegraph or telephone systems, or
other public service utilities, or renewal or extension of any such franchise
or grant within such city, must be authorized or approved by a majority
of the electors voting thereon at a general or special election, as provided
in sections 11-1207, 11-1208 and 11-1209 of this code.
History: En. Sec. 23, Oh. 57, L. 1911;
re-en. Sec. 5388, R. C. M. 1921.
11-3127. (5389) Officers not to be interested in contracts, receive
passes, or do electioneering. No officer or employee elected or appointed in
any such city shall be interested, directly or indirectly, in any contract or
job for work or materials, or the profits thereof, or materials, supplies, or
services to be furnished or performed for the city; and no such officer or
employee shall be interested, directly or indirectly, in any contract or job
for work or materials, or the profits thereof, or services to be furnished or
performed for any person, firm, or corporation operating interurban rail-
way, street railway, gas-works, water-works, electric light or power plant,
heating plant, telegraph line, telephone exchange, or other public utility
within the territorial limits of said city. No such officer or employee shall
accept or receive, directly or indirectly, from any person, firm, or corpora-
tion operating within the territorial limits of said city, any interurban rail-
way, street railway, gas-works, water-works, electric light or power plant,
heating plant, telegraph line, or telephone exchange, or other business using
or operating under a public franchise, any frank, free pass, free ticket, or
free service, or accept or receive, directly or indirectly, from any such per-
son, firm, or corporation, any other service upon terms more favorable than
is granted to the public generally. Any violation of the provisions of this
section shall be a misdemeanor, and every such contract and agreement
shall be void.
67
11-3128 ELECTION LAWS
Such prohibition of free transportation shall not apply to policemen or
firemen in uniform ; nor shall any free service to the city officials here-
tofore provided by any franchise or ordinance be affected by this section.
Any officer or employee of such city who, by solicitation or otherwise, shall
exert his influence, directlj^ or indirectly, to influence other officers or
employees of such city to adopt his political views, or to favor any par-
ticular person or candidate for office, or who shall in any manner con-
tribute money, labor, or other valuable thing to any person for election
purposes, shall be guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine not exceeding three hundred dollars, or by imprison-
ment in the county jail not exceeding thirty days.
History: En. Sec. 24, Ch. 57, L. 1911;
re-en. Sec. 5389, R. C. M. 1921.
11-3128. (5390) Civil service. (1) Immediately after organizing, the
council shall, by ordinance, appoint three civil service commissioners, who
shall hold office, one until the first Monday in April in the second year, one
until the first Monday in April of the fourth year, and one until the first
Monday in April of the sixth year after his appointment. Each succeeding
council shall, as soon as practicable after organizing, appoint one commis-
sioner for six years, who shall take the place of a commissioner whose term
of office expires. The chairman of the commission for each biennial period
shall be the member whose term first expires. No person while on the said
commission shall hold or be a candidate for any office of public trust. Two
of said members shall constitute a quorum to transact business. The com-
missioners must be citizens of Montana and residents of the city for more
than three years next preceding their appointment.
(2) The council may remove any of said commissioners during their
term of office for cause, a majority of councilmen voting in favor of such
removal, and shall fill any vacancy that shall occur in said commissign
for the unexpired term. The city council shall provide suitable rooms in
which the said civil service commission shall hold its meetings; it shall
have a clerk, who shall keep a record of all its meetings, such city to
supply the said commission with all necessary equipment to properly attend
to such business.
(3) Before entering upon the duties of his office, each of said commis-
sioners shall take and subscribe an oath, which shall be filed and kept in the
office of the city clerk, to support the constitution of the United States
and of the state of Montana, and to obey the laws, and to aid to secure
and maintain an honest and efficient force, free from partisan distinction
or control, and to perform the duties of his office to the best of his ability.
(4) Said commission shall, on the first Monday of April and October of
each year, or oftener if it shall be deemed necessary, under such rules
and regulations as may be prescribed by the council, hold examinations
for the purpose of determining the qualifications of applicants for posi-
tions, which examination shall be practical, and shall fairly test the
fitness of the persons examined to discharge the duties of the position to
which they seek to be appointed. Such commission shall, as soon as
possible after such examination, certify to the council double the num-
ber of persons necessary to fill vacancies, who, according to the records,
68
\ CITIES AND TOWNS 11-3128
have the highest standing for the position they seek to fill as a result of
such examination, and all vacancies which occur that come under the civil
service, prior to the date of the next regular examination, shall be filled
from said list so certified ; provided, however, that should the list for any
cause be reduced to less than three for any division, then the council or
the head of the proper department may temporarily fill a vacancy, but
not to exceed thirty days.
(5) All persons subject to such civil service examination shall be sub-
ject to removal from office or employment by the council for misconduct or
failure to perform their duties under such rules and regulations as it may
adopt, and the chief of police, chief of the fire department, or any super-
intendent or foreman in charge of municipal work, may peremptorily sus-
pend or discharge any subordinate then under his direction for neglect of
duty or disobedience of his orders, but shall, within twenty-four hours
thereafter, report such suspension or discharge, and the reason therefor, to
the superintendent of his department, who shall thereupon affirm or revoke
such discharge or suspension, according to the facts. Such employee (or
the officer discharging or suspending him) may, within five days of such
ruling, appeal therefrom to the council, which shall fully hear and deter-
mine the matter.
(6) The council shall have the power to enforce the attendance of wit-
nesses, the production of books and papers, and power to administer
oaths in the same manner and with like effect, and under the same pen-
alties, as in the case of magistrates exercising criminal or civil jurisdiction
under the statutes of Montana.
(7) Said commissioners shall make an annual report to the council, and
it may require a special report from said commissioners at any time ; and
said council may prescribe such rules and regulations for the proper con-
duct of the business of the said commission as shall be found expedient
and advisable, including restrictions on appointment, promotions, removals
for cause, roster of employees, certificates of records to the auditors, and
restrictions on payment to persons improperly employed.
(8) The council of such city shall have power to pass ordinances im-
posing suitable penalties for the punishment of persons violating any of the
provisions of this act relating to the civil service commission.
(9) The provisions of this section shall apply to all appointive officers
and employees of such city, except those especially named in section 11-3121
of this code, commissioners of any kind, laborers whose occupation requires
no special skill or fitness, election officials, and mayor's secretary and as-
sistant attorney, where such officers are appointed.
(10) All officers and employees in any said city shall be elected or ap-
pointed with reference to their qualifications and fitness, and for the good
of the public service, and without reference to their political faith or party
affiliations.
(11) It shall be unlawful for any candidate for office in any such city,
directly or indirectly, to give or promise any person or persons any office,
position, employment, benefit, or anything of value for the purpose of in-
fluencing or obtaining the political support, aid, or vote of any person or
persons.
(12) Every elective officer in any such city shall, within thirty days
69
11-3132 ELECTION LAWS
after qualifying, file with the city clerk, and publish at least once in the
daily newspaper of general circulation, or weekly, if there be no daily news-
paper published, his sworn statement of all his election and campaign ex-
penses, and by whom such funds were contributed.
Any violation of the provisions of this section shall be a misdemeanor,
and give ground for the removal from office.
History: En. Sec. 25, Ch. 57, L. 1911;
re-en. Sec. 5390, R. C. M. 1921.
11-3132. (5394) Recall of elective officers. (1) The holder of any
elective office may be removed at any time by the electors qualified to vote
for a successor of such incumbent. The procedure to effect the removal of
an incumbent of an elective office shall be as follows : A petition signed by
twenty-five per cent of all qualified electors registered for the last preced-
ing general municipal election, demanding an election of a successor of
the person sought to be removed, shall be filed with the city clerk, which
petition shall contain a general statement of the grounds for which the
removal is sought. The signatures to the petition need not be appended
to one paper, but each signer shall add to his signature his place of
residence, giving the street and number. One of the signers of such paper
shall make oath before an officer competent to administer oaths that the
statements therein are true as he believes, and that each signature to the
paper appended is the genuine signature of the person whose name it pur-
ports to be.
(2) Within ten days from the date of filing such petition the city clerk
shall examine, and from the voters' register ascertain whether or not sai^
petition is signed by the requisite number of qualified electors, and, if
necessary, the council shall allow him extra help for that purpose ; and he
shall attach to said petition his certificate, showing the result of said ex-
amination. If, by the clerk's certificate, the petition is shown to be insuffi-
cient, it may be amended within ten days from the date of said certificate.
The clerk shall, within ten days after such amendment, make like ex-
amination of the amended petition, and if his certificate shall show the same
to be insufficient, it shall be returned to the person filing the same ; without
prejudice, however, to the filing of a new petition to the same effect. If the
petition shall be deemed to be sufficient, the clerk shall submit the same to
the council without delay. If the petition shall be found to be sufficient, the
council shall order and fix a date for holding said election, not less than
seventy days nor more than eighty days from the date of the clerk's cer-
tificate to the council that a sufficient petition is filed.
(3) The council shall make, or cause to be made, publication of notice
and all arrangements for holding such election, and the same shall be con-
ducted, returned, and the result thereof declared, in all respects as are
other elections.
(4) As far as applicable, except as otherwise herein provided, nomina-
tions hereunder shall be made without the intervention of a primary elec-
tion by filing with the clerk, at least ten days prior to said special election, a
statement of candidacy accompanied by a petition signed by electors
entitled to a vote at said special election, equal in number to at least ten
per cent of the entire number of persons registered to vote at the last
preceding general municipal election, which said statement of candidacy
70
CITIES AND TOWNS 11-3133
and petition shall be substantially in the form set out in section 11-3112 of
this code, so far as the same is applicable, substituting the word "special"
for the word "primary" in such statement and petition, and stating therein
that such person is a candidate for election instead of nomination.
(5) The ballot for such special election shall be in substantially the fol-
lowing form:
Official Ballot.
Special election for the balance of the unexpired term of
as for
(Vote for one only.)
(Name of candidates.)
Name of present incumbent.
Official ballot attest.
(Signature) ,
City Clerk.
(6) The successor of any officer so removed shall hold office during the
unexpired term of his predecessor. Any person sought to be removed may
be a candidate to succeed himself, and unless he requests otherwise in
writing, the clerk shall place his name on the official ballot without nomi-
nation. In any such removal election, the candidate receiving the highest
number of votes shall be declared elected. At such election, if some other
person than the incumbent receives the highest number of votes, the in-
cumbent shall thereupon be deemed removed from the office upon the
qualification of his successor. In case the party who receives the highest
number of votes should fail to qualify within ten days after receiving
notification of the election, the office shall be deemed vacant. If the in-
cumbent receive the highest number of votes, he shall continue in office.
The said method of removal shall be cumulative, and additional to the
methods heretofore provided by law.
History: En. Sec. 29, Ch. 57, L. 1911;
amd. Sec. 3, Ch. 2, L. 1915; re-en. Sec.
5394, R. C. M 1921.
11-3133. (5395) Ordinance — how submitted — petition and election.
Any proposed ordinance may be submitted to the council by petition signed
by electors of the city equal in number to the percentage hereinafter re-
quired. The signature, verification, inspection, certification, amendment,
and submission of such petition shall be the same as provided for petition
under the preceding section. If the petition accompanying the proposed
ordinance be signed by electors equal in number to twenty-five per centum
of the entire number of persons registered to vote at the last preceding gen-
eral election, and contains a request that the said ordinance be submitted to
a vote of the people, if not passed by the council, such council shall either :
(a) Pass each ordinance without alteration within twenty days after
the attachment of the clerk's certificate to the accompanying petition; or,
(b) Forthwith, after the clerk shall attach to the petition accompany-
ing such ordinance his certificate of sufficiency, the council shall call a
special election, unless a general municipal election is fixed by law within
thirty days thereafter, and at such special or general municipal election,
71
11-3134 ELECTION LAWS
if one is so fixed, such ordinance shall be submitted to the vote of the
electors of such city.
But if the petition is signed by not less than ten nor more than twenty-
five per centum of the electors, as above defined, then the council shall,
within twenty days, pass said ordinance without change, or submit the
same at the next general city election occurring after the clerk's certifi-
cate of sufficiency is attached to said petition.
The ballots used when voting upon said ordinance shall contain these
words: "For the ordinance" (stating the nature of the proposed ordinance),
and "Against the ordinance" (stating the nature of the proposed ordinance).
If a majority of the qualified electors voting on the proposed ordinance shall
vote in favor thereof, such ordinance shall thereupon become a valid and
binding ordinance of the city; and any ordinance proposed by the petition
of which shall be adopted by a vote of the people cannot be repealed or
amended except by a vote of the people.
Any number of proposed ordinances may be voted upon at the same
election, in accordance with the provisions of this section; but there shall
not be more than one special election in any period of six months for such
purposes.
The council may submit a proposition for the repeal of any such ordi-
nance, or for amendments thereto, to be voted upon at any succeeding
general city election; and should such proposition so submitted receive a
majority of the votes cast thereon at such election, such ordinance shall
thereby be repealed or amended accordingly. Whenever any ordinance or
proposition is required by this act to be submitted to the voters of the city
at any election, the city clerk shall cause such ordinance or proposition to
be published once in each of the daily newspapers published in such city,
and if there be none, then one time in each weekly newspaper published
therein ; such publication, to be not more than twenty nor less than five days
before the submission of such proposition or ordinance to be voted on.
History: En. Sec 30, Oh. 57, L. 1911;
re-en. Bee. 5305, B. 0. M. 1921.
11-3134. (5396) Taking effect and suspension of ordinances. No ordi-
nance passed by the council, except when otherwise required by the general
laws of this state or the provisions of this act, except an ordinance for the
immediate preservation of the public peace, health, or safety, which contains
a statement of its urgency, and is passed by a two-thirds vote of the council,
shall go into effect before ten days from the time of its final passage ; and
if, during said ten days, a petition signed by electors of the city equal
in number to at least twenty-five per centum of the entire number of per-
sons registered to vote at the last preceding general municipal election, pro-
testing against the passage of such ordinance, be presented to the council,
the same shall thereupon be suspended from going into operation, and it
shall be the duty of the council to reconsider such ordinance; and if the
same is not entirely repealed, the council shall submit the ordinance, as is
provided by subdivision (b) of the preceding section, to the vote of the
electors of the city, either at a general election or at a special municipal
election to be called for that purpose ; and such ordinance shall not go into
effect or become operative unless a majority of the qualified electors voting
72
CITIES AND TOWNS 11-3136
on the same shall vote in favor thereof. Said petition shall be in all re-
spects in accordance with the provisions of the preceding section, except as
to the percentage of signers, and be examined and certified to by the clerk
in all respects as therein provided.
History: En, Sec. 31, Ch. 67, L. 1911;
re-en. S«c. 5396, R. C. M. 192L
11-3135. (5397) Abandonment of commission form. Any city which
shall have operated for more than one year under the provisions of this
act may abandon such organization hereunder and accept the provisions
of the general law of the state then applicable to cities of its population.
Upon the petition of not less than ten per cent (10%) of the electors
of such city registered for the last preceding general election, the following
proposition shall be placed upon the ballot at the next regular city elec-
tion, provided the petition be filed at least sixty (60) days prior to the
date of such election:
"Shall the city of (name of city) abandon its organization under
chapter 57 of the acts of the twelfth legislative assembly and become a city
under the general law governing cities of like population; or if formerly
organized under special charter shall resume said special charter?"
If the majority of the votes cast at such election be in favor of such
proposition, the officers elected at the next succeeding biennial election
shall be those then prescribed by the general law of the state for cities
of like population, and upon the qualification of such officers such city
shall become a city under such general law of the state, but such change
shall not in any manner or degree affect the property, rights, or liabilities
of any nature of such city, but shall merely extend to each change in
its form of government.
The sufficiency of such petition shall be determined, the election ordered
and conducted, and the results declared, generally as provided for by
section 11-3132 of this code, insofar as the provisions thereof are appli-
cable ; or if now organized under special charter, may resume said special
charter. "Whenever the form of government of any city is determined by
a vote of the people under the provision of this section, the same question
shall not be submitted again for a period of two (2) years, and any
ordinance adopted by a vote of the people shall not be repealed or the
same question submitted for a period of two (2) years.
History: En. Sec. 32, Ch. 57, L. 1911; 6397, E. C, M. 1921; amd. Sec. 1, Oh. 105,
amd. Sec. 1, Ch. 128, L. 1913; re-en. Sec. L. 1951.
11-3136. (5398) Requirements of petitions. Petitions provided for in
this act shall be signed by none but legal voters of the city. Each petition
shall contain, in addition to the names of the petitioners, the street and
house number in which the petitioner resides, his length of residence in
the city. It shall also be accompanied by the affidavit of one or more
legal voters of the city, stating that the signers thereof were, at the time
of signing, legal voters of said city, and the number of signers at the
time the affidavit was made.
History: En. Sec. 33, Ch. 67, L. 1911;
re-en. Sec. 5398. E. C. M. 1921; amd. Sec.
2, Ch. 105, L. 195L
73
11-3137 ELECTION LAWS
11-3137. (5399) Effect of act upon existing laws. All acts and parts of
acts, and all laws, not inconsistent with any of the provisions of this act,
now in force or hereafter enacted relative to municipal corporations, are
hereby continued in full force and effect, and shall be considered and con-
strued as not repealed by this act, except insofar as the same may be in
conflict or inconsistent with the provisions of this act.
History: En. Sec. 34, Ch. 57, L. 1911;
re-en. Sec. 5399, R. C. M. 1921.
CHAPTER 32
COMMISSION-MANAGEE FORM OF GOVERNMENT
Section 11-3201. Any city may reorganize under commission-manager form.
11-3202. Submission of question to electors — petition and order of election.
11-3203. Proclamation of election.
11-3204. Ballots— form.
11-3205. Certificate of result of election — election not to be held within two
years after failure to adopt.
11-3206. Special election for electing commissioners.
11-3207. Manner of conducting election — canvassing votes.
11-3208. Laws governing city — ordinances — territorial limits and property.
11-3209. Organization of communities or groups of communities as municipality
— election proclamation — election of commissioners.
11-3210. Powers of municipalities under commission-manager plan.
11-3211. Form of government to be known as commission-manager plan — com-
position of commission — powers.
11-3212. Qualification of commissioners — tenure of office — expiration of terms.
11-3213. Filling of vacancies in commission.
11-3214. Qualifications of commissioners — holding other public office forbidden
— interest in contracts not allowed — accepting gratuities forbidden.
11-3215. Nomination of candidates — primary election.
11-3216. Ballots — form, contents and distribution — qualification of electors —
conduct of election.
11-3217. Arrangement of names of candidates on ballot.
11-3218. Date of holding regular elections — special elections.
11-3218.1. Dispensing of general election.
11-3219. Filing of election expenses of candidates — penalty for violations.
11-3220. Recall of commissioners — petition for recall.
11-3221. Issuance of petition papers.
11-3222. Signatures and affidavit to petition papers.
11-3223. Assembling and filing of petition papers.
11-3224. Notification of officer — recall election.
11-3225. Ballots at recall election — requirements — nomination of candidates to
fill vacancies.
11-3226. Effect of majority vote for or against recall.
11-3227. Limitation upon time of filing recall petition.
11-3228. Working for candidate forbidden.
11-3229. Bribery — false answers concerning qualifications of elector — voting by
disqualified person.
11-3230. Proposed ordinances — how submitted — requirements of petition to
submit.
11-3231. Signatures and affidavit to petitions.
11-3232. Assembling and filing of petition papers — hearing upon proposed ordi-
nances— submission to electors.
11-3233. Submission of petition and proposed ordinance to clerk.
11-3234. When proposed ordinance is to be submitted to electors.
11-3235. Contents of ballot — when proposed ordinance becomes effective.
11-3236. Repealing ordinances — publication, amendment and repeal of initiated
ordinances.
11-3237. When ordinances of commission take effect — petition for repeal sus-
pends effect unless law is complied willi.
11-3238. Reconsideration of ordinance — submission to electors — failure to ap-
prove operates as repeal.
11-3239. Contents and requirements of referendum petitions — ballots.
74
\ CITIES AND TOWNS 11-3204
11-3240. Other ordinances subject to referendum.
11-3241. Highest affirmative vote prevails when referendum ordinances conflict
11-3242. Emergency ordinances subject to referendum — rules applicable.
11-3243. Ordinances providing for expenditures, bond issues, public improve-
ments submitted to electors — preliminary steps prior to election —
qualifications of electors.
11-3244. Oath and bond of commissioners.
11-3245. Designation of mayor — procedure in case of tie vote — vacancy in
office of mayor — powers and duties of mayor.
11-3246. Selection of successor to mayor in event of his recall — mayor when
all commissioners are recalled.
11-3247. Quorum of commissioners — recording votes and proceedings.
11-3248. Compensation of commissioners and mayor.
11-3249. Meetings of commission — unauthorized absence creates vacancy —
meetings and minutes to be public — rules and order of business.
11-3201. (5400) Any city may reorganize under oommission-manager
form. Any municipality may abandon its organization and reorganize un-
der the provisions of this act, by proceeding as hereinafter provided.
History: En. Sec. 1, Ch. 152, L. 1917;
re-en. Sec. 5400, R. C. M. 1921.
11-3202. (5401) Submission of question to electors — petition and order
of election. Upon a petition being filed Avith the city or town council,
signed by not less than twenty-five per cent of the qualified electors of such
municipality registered for the last preceding general municipal election,
praying that the question of reorganization under this act be submitted
to the qualified electors of such municipality, said city or town council
shall thereupon, and within thirty days thereafter, order a special election
to be held, at which election the question of reorganization of such munici-
pality under the provisions of this act shall be submitted to the qualified
electors of such municipality.
Such order of the city or town council shall specify therein the time
when such election shall be held, which must be within ninety days from
the date of filing of such petition.
History: En. Sec, 2, Ch. 152, L. 1917;
re-en. Sec. 5401, E. C. M. 1921.
11-3203. (5402) Proclamation of election. Upon the city or town coun-
cil ordering such special election to be held, the mayor of such municipality
shall issue a proclamation setting forth the purpose for which such special
election is held, and the date of holding such special election, which procla-
mation shall be published for ten consecutive days in each daily newspaper
published in said municipality, if there be such, otherwise once a week for
two consecutive weeks in each weekly newspaper published therein, and
such proclamation shall also be posted in at least five public places within
such municipality.
History: En. Sec. 3, Ch. 152, L. 1917;
re-en. Sec. 5402, R. C. M. 1921.
11-3204. (5403) Ballots — form. At such election, the ballots to be used
shall be printed on plain white paper, and shall be headed "Special election
for the purpose of submitting to the qualified electors of (city, town) of
(name of city or town) under chapter (name of chapter containing this act)
of the acts of the fifteenth legislative assembly," and shall be substantially
in the following form:
For reorganization of the (city, town) of (name of city or town)
75
11-3205 ELECTION LAWS
under chapter (name of chapter containing this act) of the acts of the
fifteenth legislative assembly.
Against reorganization of the (city, town) of (name of city or town)
under chapter (name of chapter containing this act) of the acts of the
fifteenth legislative assembly.
Such election shall be conducted, and vote canvassed and result de-
clared in the same manner as provided by law in respect to other municipal
elections.
History: En. Sec. 4, Ch. 152, L. 1917;
re-en. S»c. 5403, E. 0. M. 1921.
11-3205. (5404) Certificate of result of election — election not to be
held within two years after failure to adopt. If such proposition is adopted,
the mayor shall transmit to the governor, to the secretary of state and to
the county clerk and recorder, each a certificate stating that such proposi-
tion was adopted. If such proposition shall not be adopted at such special
election, such proposition shall not again be submitted to the electors of
such municipality within a period of two years from the date of the last
submission.
History: En. Sec. 5, Oh. 152, L. 1917;
re-en. S«c. 5404, B. C. M. 1921; amd. S«c.
1, Ch. 31, L. 1923.
11-3206. (5405) Special election for electing commissioners. If the
majority of the votes cast at such election shall be in favor of such propo-
sition, the city or town council must hold a meeting within one week there-
after and at such meeting order a special election to be held for the purpose
of electing the number of commissioners to which such municipality shall
be entitled, which order shall specify the time of holding such election,
which must be within ninety days after the making of such order, and the
mayor shall thereupon issue a proclamation setting forth the purpose for
which such special election is held and the day of holding the same, which
proclamation shall be published for ten successive days in each daily news-
paper published in such municipality if there be such, otherwise for two
successive weeks in each weekly newspaper published therein, and a copy
thereof shall also be posted at each voting place within said municipality I
and also in five of the most public places in said municipality.
History: En. Sec. 6, Ch. 152, L. 1917; j
re-en. Sec. 5405, B. C. M. 1921; amd. Sec. '
2, Ch. 31, L. 1923.
11-3207. (5406) Manner of conducting election — canvassing votes. j
Such election shall be conducted, the vote canvassed, and the result declared '
in the same manner as provided by law in respect to other municipal |
elections. I
History: En. Sec. 7, Ch. 152, L. 1917;
re-en. Sec. 5406, R. 0. M. 1921.
11-3208. (5407) Laws governing city — ordinances — territorial limits
and property. All laws governing municipalities of like population, and
not inconsistent with the provisions of this act, shall apply to and govern
municipalities organized under this act. All by-laws, ordinances, and reso-
lutions lawfully passed and in force in any such municipality under its
organization, not in conflict herewith, shall remain in force until altered or
76
\ CITIES AND TOWNS 11-3209
repealed by the commission under the provisions of this act. The terri-
torial limits of such municipality shall remain the same as under the former
organization, and all rights and property of every description which were
vested in any such municipality under its former organization shall vest in
the same under the organization herein contemplated, and no right or
liability either in favor of or against it, existing at the time, and no suit
or prosecution of any kind, shall be affected by such change, unless otherwise
provided for in this act.
History: En. Sec. 8, Ch. 152, L. 1917;
re-en. Sec. 5407, R. C. M. 1921.
11-3209. (5408) Organization of communities or groups of communities
sa municipality — election proclamation — election of commissioners. When-
ever the inhabitants of any community or group of communities in any
county, whether separately incorporated in whole or in part, or unincor-
porated, which are situated in such proximity or location with reference
to each other as to make single municipal control necessary or desirable,
shall desire to be organized into or annexed to an incorporated city or
town under the provisions of this act, the board of county commissioners
of such county may, or upon the presentation of a petition signed by not
less than twenty-five per cent of the qualified electors in such community
or group of communities must, issue a proclamation ordering a special
election to be held, at which election the question of the organization of
such community or group of communities as a municipality under the
provisions of this act shall be submitted to the qualified electors within the
proposed municipal district. Said proclamation shall specify the time when
and the places where such election shall be held, which must be within
ninety days from the date of filing such petition, and shall define the bound-
aries of said proposed municipal district, which shall include all such com-
munities and cities, and such additional adjacent territory as shall, in the
judgment of the board of county commissioners, provide for future urban
growth.
If a majority of the legal voters at said election vote in favor of the
organization of such municipal district, or in favor of annexation to an
incorporated city or town, then the board of county commissioners shall
declare the result of said elections, and immediately thereafter shall give
notice for thirty days in a newspaper published within the proposed muni-
cipal district, or if none be published therein, by posting notices in six
public places within the limits of said district of the time and place or
places of holding the first election for commissioners of such municipal
district under this law. At such election all electors qualified by the general
election laws of the state who have resided within the limits of the municipal
district for six months are qualified electors. The board of county commis-
sioners must appoint judges and clerks of election, and canvass and de-
clare the result thereof. The election must be conducted in the manner pre-
scribed by law for the election of county officers, and the commissioners so
elected must qualify in the manner prescribed by law.for county officers.
History: En. Sec. 9, Oh. 152, L. 1917;
amd. Sec. 1, Ch. 44, L. 1919; re-en. Sec.
5408, R. C. M. 1921.
77
11-3210 ELECTION LAWS
11-3210. (5409) Powers of municipalities under conunission-manager
plan. The inhabitants of any municipality, coming under the provisions
of this act, as its limits now are, or may hereafter be, shall be a body
politic and corporate and have a corporate name, and as such shall have
perpetual succession, and may use a corporate seal. Through its duly elected
officers, it may sue and be sued ; may acquire property in fee simple or lesser
interest, or estate by purchase, gift, devise, appropriation, lease, or lease
with the privilege to purchase for any municipal purpose; may sell, lease,
hold, manage, and control such property, and make any and all rules and
regulations by ordinance or resolution which may be required to carry
out fully all provisions of any conveyance, deed, or will, in relation to any
gift or bequest, or the provisions of any lease by which it may acquire
property ; may acquire, construct, own, lease, and operate and regulate
public utilities; may assess, levy, and collect taxes for general and special
purposes on all the subjects or objects which the municipality may lawfully
tax ; may borrow money on the faith and credit of the municipality by the
issue or sale of bonds or notes of the municipality; may appropriate money
of the municipality for all lawful purposes; may create, provide for, con-
struct, regulate and maintain all things of nature of public works and im-
provements ; may levy and collect assessments for improvement districts and
other local improvements; may license and regulate persons, corporations,
and associations engaged in any business, occupation, profession, or trade ;
may define, prohibit, abate, suppress, and prevent all things detrimental to
the health, morals, comfort, safety, convenience, and welfare of the in-
habitants of the municipality, and all nuisances and the causes thereof; may
regulate the construction, height, and the material used in all buildings, and
the maintenance and occupancy thereof; may regulate and control the use,
for whatever purpose, of the streets and other public places; may create,
establish, abolish, and organize offices, and fix the salaries and compensa-
tions of all officers and employees; may make and enforce local sanitary
and police and other regulations; and may pass such ordinances as may be
expedient for maintaining and promoting peace, good government, and
welfare of the municipality, and for the performance of the functions there-
of. The municipality shall have all powers that now are or hereafter may be
granted to municipalities by the constitution or laws of Montana; and all
such powers, whether expressed or implied, shall be exercised and enforced
in the manner prescribed by this act, or when not prescribed therein, in such
manner as shall be prescribed by the ordinances or resolutions of the
commission.
History: En. Sec. 10, Ch. 152, L. 1917;
re-en. Sec. 5409, R. C. M. 1921.
11-3211. (5410) Form of government to be known as commission-
manager plan — composition of commission — powers. The form of govern-
ment provided for in this chapter shall be known as the "commission-
manager plan," and shall consist of a commission of citizens, who shall be
elected at large in the manner hereinafter provided. The commission shall
consist of three (3) commissioners for all municipalities having a population
of less than fifteen thousand (15,000) and five (5) commissioners for all
cities having a population of fifteen thousand (15,000) or more. The commis-
sion shall constitute the governing body, with powers as hereinafter pro-
78
CITIES AND TOWNS 11-3214
vided, to pass ordinances, adopt regulations and appoint a chief administra-
tive officer to be known as the "city manager," and exercise all powers as
hereinafter provided.
History: En. Sec. 12, Ch. 152, L. 1917;
re-en. Sec. 5410, R. C. M. 1921; amd. Sec.
1, Ch. 60, L. 1943.
11-3212. (5411) Qualification of commissioners — ^tenure of oflSce — ex-
piration of terms. The commissioners elected at the first election shall
qualify and their terms of office shall begin on the first Monday after their
election, and the terms of office of the mayor and councilmen or aldermen in
such city or town in office at the beginning of the term of office of the com-
missioners first elected under the provisions of this act shall cease and
terminate, and the terms of office of all their appointed officers, and of all
of the employees of such city or town, shall cease and terminate as soon
as the commissioners shall by resolution declare.
All commissioners shall serve for a term of four years and until their
successors are elected and have qualified; except that at the first election
the two candidates having the highest number of votes shall hold office
for a period of four years, less the time elapsed since the 31st day of
December of the odd numbered year last preceding. The terms of office of
all other candidates shall expire on the 31st day of December in any odd
numbered year following the special election provided for in this act, at
which the first commissioners are elected.
History: En. Sec. 13, Ch. 152, L. 1917;
re-en. Sec. 5411, R. C. M. 1921; amd. Sec.
3, Ch. 31, L. 1923.
11-3213. (5412) Filling of vacancies in commission. Vacancies in the
commission shall be filled by the commission for the remainder of the unex-
pired term, but any vacancy resulting from a recall shall be filled in the
manner provided in such case.
History: En. Sec. 14, Ch. 152, L. 1917;
re-en. Sec. 5412, R. C. M. 1921.
11-3214. (5413) Qualifications of commissioners — holding other public
oflBce forbidden — interest in contracts not allowed — accepting gratuities for-
bidden. Members of the commission shall be residents of the city or town
and have the qualifications of electors, and own real estate situated therein
to the assessed value of not less than one thousand dollars. Commissioners
and other officers and employees shall not hold any other public office or
employment, except in the state militia, as school trustees, or notary
publics, and shall not be interested in the profits or emoluments of any
contract, job, work, or service for the municipality. Any commissioner who
shall cease to possess any of the qualifications herein required, shall forth-
with forfeit his office, and any such contract in which any member is or may
be interested, may be declared void by the commission.
No commissioner or other officer or employee of said city or town shall
accept any frank, free ticket, pass or service directly or indirectly, from
any person, firm or corporation upon terms more favorable than are granted
to the public generally. Any violation of the provisions of this section
shall be a misdemeanor and shall also be sufficient cause for the summary
removal or discharge of the offender. Such provisions for free service shall
79
11-3215 ELECTION LAWS
not apply to policemen or firemen in uniform or wearing their official
badges, where the same is provided by ordinance, nor to any commissioner,
nor to the city manager, nor to the city attorney, upon official business,
nor to any other employee or official of said city on official business who
exhibits written authority signed by the city manager.
History: En. Sec. 15, Ch. 152, L. 1917;
re-en. Sec. 5413, B. C. M. 1921; amd. Sec.
4, Ch. 31, L. 1923.
11-3215. (5414) Nomination of candidates — primary election. (1) Can-
didates to be voted for at all general municipal elections at which com-
missioners are to be elected under the provisions of this act shall be nomi-
nated by a primary election, and no other names shall be placed upon
the general ballot except those nominated in the manner hereinafter pre-
scribed. The primary election for such nominations shall be held on the
last Tuesday of August of the odd-numbered years.
(2) Any qualified elector of the municipality, who is the owner of real
estate situated therein to the value of not less than one thousand dollars,
desiring to become a candidate for commissioner, shall, at least ten days
prior to said primary election, file with the clerk of the commission a
statement of such candidacy in substantially the following form :
State of Montana, ]
[■ss.
County of J
4
I, , being first duly sworn, say that I reside
at street, (city, town) of , county
of , state of Montana; that I am a qualified voter
therein; that I am a candidate for nomination to the office of commis-
sioner to be voted upon at the primary election to be held on the last
Tuesday of August, 19 , and I hereby request that my name be
printed upon the official primary ballot for nomination by such primary
election for such office.
(Signed)
Subscribed and sworn to (or affirmed) before me by
on this day of , 19
(Signed)
And shall at the same time file therewith the petition of at least twenty-
five qualified voters requesting such candidacy. Each petition shall be
verified by one or more persons as to qualifications and residence, with
street number, of each of the persons so signing the said petition, and
the said petition shall be in substantially the following form :
(3) Petition Accompanying Nominating Statement.
The undersigned duly qualified electors of the (city, town) of
, and residing at the places set opposite our
respective names hereto, do hereby request that the name of (name of
candidate) be placed on the ballot as a candidate for nomination to
the office of commissioner at the primary election to be held on the last
Tuesday of August, 19 We further state that we know him to be a
qualified elector of said (city, town), and a man of good moral character,
and qualified, in our judgment, for the duties of such office, and we indi-
80
CITIES AND TOWNS 11-3216
vidiially certify that we have not signed similar petitions greater in
number than the number of commissioners to be chosen at the next gen-
eral municipal election.
Names of Qualifying Electors. Number. Street.
(Space for Signatures.)
State of Montana, ]
}-ss.
County of J
, being duly sworn, deposes and
says, that he knows the qualifications and residence of each of the per-
sons signing the appended petition, and that such signatures are genuine,
and the signatures of the persons whose names they purport to be.
(Signed)
Subscribed and sworn to before me this day
of , 19
Notary Public.
This petition, if found insufficient, shall be returned to
at No street,
, Montana.
(4) Immediately upon the expiration of the time of filing the state-
ments and petition for candidates, the clerk of the commission shall cause to
be published for three consecutive days in all the daily newspapers pub-
lished in the municipality in proper form, the names of the persons that
are to appear upon the primary ballots, and if there be no daily news-
paper, then in two issues of any other newspaper that may be published
in said municipality, and the said clerk shall thereupon cause the primary
ballots to be printed, and authenticated with a facsimile of his signature.
(5) In the event the number of legally qualified candidates for the
office of commissioner at such primary election does not exceed twice the
number of vacancies in the commission to be filled, no municipal primary
election for the nomination of candidates for the office of commissioner
shall be held in said city for said year and such legally qualified candi-
dates shall be deemed duly nominated and shall be placed on the general
ballot.
History: En. Sec. 16, Ch. 152, L. 1917;
re-en. Sec. 5414, R. C. M. 1921; amd. Sec.
1, Ch. 36, L. 1961.
11-3216. (5415) Ballots — form, contents ajid distribution — qualification
of electors — conduct of election. (1) All ballots used in all elections held
under authority of this act shall be without party mark or designation. The
ballots shall be printed on plain, substantial white paper,
(2) Except that the crosses here shown shall be omitted, and that in
place of the names of persons here shown, there shall appear the names of
the persons who are candidates for nomination, the primary ballots shall
be substantially as hereinafter designated. Primary, regular and special
election ballotg pfovided under authority of this act for the nomination or
election of commissioners shall not bear the name of any person or persons
or any issue other than those of candidates for the nomination or election
to the office of commissioner.
81
11-3216 ELECTION LAWS
Official Primary Ballot.
Vote for (insert here a number equal to the number of persons to be
elected to the office of commissioner at the next regular municipal election.)
If you wrongly mark, tear or deface this ballot, return it and obtain
another.
Candidates for nomination to the office of commissioner at the primary
election.
X
John Doe
X Henry Smith
X George Jones
X
James Richards
X
Richard Doe
Official Ballot Attest ;
(Signature)
Clerk of the Commission.
(3) Having caused said ballots to be printed, the clerk of the commis-
sion shall cause to be delivered at each polling place a number of said
ballots, ten per cent in excess of the number of such voters registered in
such polling place at the last general municipal election. The persons who
are qualified to vote at the general election, shall be qualified to vote at
such primary election, and any person offering to vote, may be orally chal-
lenged by any elector of the municipality upon any or all grounds set forth
and specified in section 23-1220, and the provisions of sections 23-1221 to
23-1228, inclusive, shall apply at all challenges made at such election. Judges
of election shall immediately upon the closing of the polls, count the ballots
and ascertain the number of such votes cast in such precinct for each of the
candidates, and make return thereof to the clerk of the commission upon
proper blanks to be furnished by the clerk of the commission within twelve
hours of the closing of the polls. Not later than the first legal day after
he shall have received such returns, the clerk of the commission shall can-
vass said returns so received from all the polling precincts and shall make
and publish in all the newspapers in said municipality, at least once, the
result thereof. Said canvass by the clerk of the commission shall be made
publicly.
(4) The candidates for nomination to the office of commissioner who
shall have received the greatest vote in such primary election shall be placed
on the ballot at the next regular municipal election, in number not to
exceed double the number of vacancies in the commission to be filled.
(5) Except as otherwise in this act provided all electors of municipali-
ties under this act, who, by ordinances governing cities and towns incor-
'porated under the general municipal incorporation law, or by charter.
82
CITIES AND TOWNS 11-3219
would be entitled to vote for the election of officers at any general municipal
election in such cities or towns, shall be qualified to vote at all elections
under this act ; and the ballots to be used at such general municipal elections,
shall be in the same general form as for such primary election so far as
applicable, and in all elections in such municipalities, the election precincts,
voting places, method of conducting the elections, canvassing of votes and
announcing the results, shall be the same as by law provided for the
election of officers in such cities or towns so far as the same are applicable
and not inconsistent with the provisions of this act.
History: En. Sec. 17, Ch. 152, L. 1917;
re-en. Sec. 5415, R. C. M. 1921; amd. Sec.
5, Ch. 31, L. 1923.
11-3217. (5416) Arrajigement of names of candidates on ballot. The
names of candidates on all ballots used in any election held under the
authority of this act shall be printed in rotation, as follows :
The ballot shall be printed in as many series as there are candidates
for the office of commissioner. The whole number of ballots to be printed
shall be divided by the number of series, and the quotient so obtained
shall be the number of ballots in each series. In printing the first series
of ballots, the names of candidates shall be arranged in alphabetical order.
After printing the first series, the first name shall be placed last and the
next series printed, and the process shall be repeated until each name in
the list shall have been printed first an equal number of times. The bal-
lots so printed shall then be combined in tablets, so as to have the fewest
possible ballots having the same order of names printed thereon together
in the same tablet.
History: En. Sec. 18, Ch. 152, L. 1917;
re-en. Sec. 5416, R. C. M. 1921.
11-3218. (5417) Date of holding regnlar elections — snecial elections. A
regular election for the choice of commissioners, provided for in this act,
shall be held on the first Tuesday after the first Monday in November of
any odd-numbered year, and on the first Tuesday after the first Monday in
November in each second year thereafter. Elections so held shall be known
as regular municipal elections. All other elections held under the provisions
of this act, excepting those for the nomination of candidates for the office
of commissioner, shall be known as special municipal elections.
History: En. Sec. 19, Ch. 152, L. 1917;
re-en. Sec. 5417, R. C. M. 1921.
11-3218.1. Dispensing" of general election. Whenever, in any city op-
erating under a commission-manager form of government at a primary elec-
tion held in accordance with section 11-3215, the number of nominees shall
not exceed the number of officers to be elected, then such nominees shall
be deemed duly elected to the respective offices. Then, in that event, no gen-
eral municipal election shall be held in said city for said year. All matters,
other than the election of officers, upon which the general public shall vote
shall be disposed of at the primary election unless a special election is held
for that purpose.
History: En. Sec. 1, Ch. 75, L. 1955.
11-3219. (5418) Filing of election expenses of candidates — penalty for
violations. Every candidate for commissioner shall, within thirty (30) days
83
11-3220 ELECTION LAWS
after the election, file with the clerk of the commission his sworn statement
of all his election and campaign expenses, and by whom such funds were
contributed.
Any violation of the provisions of this section, shall be a misdemeanor
and if committed by a successful candidate, give ground for the removal
from ofiSce.
History: En. Sec. 20, Ch. 102, L. 1917;
re-en. Sec. 5418, R. C. M. 1921; amd. Sec.
6, Ch. 31, L. 1923.
11-3220. (5419) Recall of commissioners — petition for recall. Any or
all of the commissioners provided for in this act may be removed from
office by the electors. The procedure to effect such removal, shall be as
follows :
A petition demanding that the question of removing such officers be
submitted to the electors shall be filed with the clerk of the commission.
Such petition for the recall of any or all of the commissioners shall be
signed by at least twenty-five per cent of the total number of registered
voters in the municipality.
The signature to such petition need not be appended to any one paper.
History: En. Sec. 21, Ch. 152, L. 1917;
re-en. Sec. 5419, R. C. M. 1921.
11-3221. (5420) Issuance of petition papers. Petition papers shall be
procured only from the clerk of the commission, who shall keep a sufficient
number of such blank petitions on file for distribution as herein provided.
Prior to the issuance of such petition papers, an affidavit shall be made by
one or more qualified electors and filed with the clerk of the commission,
stating the name and the office of the officer or officers sought to be removed.
The clerk of the commission, upon issuing any such petition papers to
an elector, shall enter in a record, to be kept in his office, the name of
the elector to whom issued, the date of such issuance, and the number of
papers issued, and shall certify on such papers the name of the elector to
whom issued, and the date issued. No petition papers so issued shall be
accepted as part of the petition unless it bears such certificate of the
clerk of the commission, and unless it be filed as provided herein.
History: En. Sec, 22, Ch. 162, L. 1917;
re-en. Sec. 6420, R. 0. M. 1921.
11-3222. (5421) Signatures and affidavit to petition papers. Each
signer of a recall petition shall sign his name in ink or indelible pencil,
and shall place thereon, after his name, his place of residence by street and
number. To each such petition paper there shall be attached an affidavit of
the circulator thereof, stating the number of signers to such part of the
petition, and that each signature appended to the paper was made in his
presence and is the genuine signature of the person whose name it pur-
ports to be.
History: En. Sec. 23, Ch. 152, L. 1917;
re-en. Sec. 5421, R. C. M. 1921.
11-3223. (5422) Assembling and filing of petition papers. All papers
comprising a recall petition shall be assembled and filed with the clerk of
the commission as one instrument within thirty days after the filing with
84
CITIES AND TOWNS 11-3226
the clerk of the commission of the affidavit stating the name and the office
of the officer sought to be removed.
History: En. Sec. 24, Oh. 152, L. 1917;
re-en. Sec. 5422, B. C. M. 192L
11-3224. (5423) Notification of officer— recall election. The clerk of
the commission shall at once submit the recall petition to the commission,
and shall notify the officer sought to be recalled of such action. If the
official whose removal is sought does not resign within five days after such
notice, the commission shall thereupon order and fix a day for holding a
recall election. Any such election shall be held not less than seventy nor
more than eighty days after the petition has been presented to the commis-
sion, at the same time as any other general or special election held within
such period ; but if no such election be held within such period, the commis-
sion shall call a special recall election to be held within the time aforesaid.
History: En. Sec. 25, Ch. 152, L. 1917;
re-en. Sec. 5423, £. C. M. 1921.
11-3225. (5424) Ballots at recall election — requirements — nomination of
candidates to fill vacancies. The ballots at such recall election shall con-
form to the following requirements:
With respect to each person whose removal is sought, the question shall
be submitted, "Shall (name of person) be removed from the office of (name
of office) by recall?"
Immediately following each such question, there shall be printed on the
ballots the two propositions, in the order set forth:
"For the recall (name of person).
Against the recall (name of person),"
Immediately to the left of the proposition shall be placed a square in
which the electors, by making a cross mark (X), may vote for either of
such propositions. Under said questions shall be placed the names of can-
didates to fill the vacancy or vacancies. The name of the officer or officers
whose removal is sought shall not appear on the ballot as a candidate or
candidates to succeed himself or themselves.
Before any such recall election for the removal of commissioners shall
be had, there shall be nominated candidates to fill the vacancy or vacan-
cies, the nominations therefor to be made by petition, which petition for
each candidate shall be signed by at least twenty-five registered electors,
and shall be filed at least thirty days prior to the date fixed for holding
such recall election ; and the form and requirements for said petition shall
be the same as hereinbefore provided in the case of primary nominations.
History: En. Sec. 26, Ch. 152, L. 1917;
re-en. Sec. 5424, E. C. M. 1921.
11-3226. (5425) Effect of majority vote for or against recall. Should
a majority of the votes cast at a recall election be against "the recall of the
officer named on the ballot, such officer shall continue in the office for the re-
mainder of his unexpired term, subject to recall as before. If a majority
of the votes cast at a recall election shall be for the recall of the officer
named on the ballot, he shall, regardless of any technical defects in the
recall petition, be deemed removed from office.
History: En. Sec. 27, Ch. 152, L. 1917;
re-en. Sec. 5425, B. C. M. 1921.
85
11-3227 ELECTION LAWS
11-3227. (5426) Limitation upon time of filing recall petition. No re-
call petition shall be filed against a commissioner within six months after he
takes his ojBSee, nor, in case of an officer reelected in a recall election, until
six months after that election.
History: En. Sec. 28, Ch. 152, L. 1917;
re-en. Sec. 5426, R. C. M. 192L
11-3228. (5427) Working for candidate forbidden. Any person who
shall agree to perform any services in the interest of any candidate for any
office provided in this act, in consideration of any money or other valuable
thing for such services performed in the interest of any candidate, shall be
punished by a fine not exceeding three hundred dollars, or be imprisoned
in the county jail not exceeding thirty days, or both such fine and imprison-
ment.
History: En. Sec. 29, Ch. 152, Ii. 1917;
re-en. Sec. 5427, R. C. M. 1921.
11-3229. (5428) Bribery — false answers concerning qualifications of
elector — voting by disqualified person. Any person offering to give a bribe,
either in money or other consideration, to any elector for the purpose of
influencing his vote at any election provided in this act, or any elector
entitled to vote at any such election receiving and accepting such bribe or
other consideration; any person who agrees, by promise or written state-
ment, that he will do, or will not do, any particular act or acts, for the
purpose of influencing the vote of any elector or electors at any election pro-
vided in this act ; any person making false answer to any of the provisions
of this act relative to his qualifications to vote at such election ; any person
wilfully voting or offering to vote at such election, who has not been a
resident of this state for one year next preceding said election, or who is
not twenty-one years of age, or is not a citizen of the United States, or
knowing himself not to be a qualified elector of such precinct where he
offers to vote ; any person knowingly procuring, aiding, or abetting any
violation hereof, shall be deemed guilty of a misdemeanor, and, upon con-
viction, shall be fined a sum of not less than one hundred dollars nor
more than five hundred dollars, or be imprisoned in the county jail not
less than ten nor more than ninety days, or both such fine and imprisonment.
History: En. Sec. 30, Ch. 152, L. 1917;
re-en. Sec. 5428, R. C, M. 1921.
11-3230. (5429) Proposed ordinances — how submitted — requirements of
petition to submit. Any proposed ordinance may be submitted to the com-
mission by petition signed by at least ten per cent of the total number of
registered voters in the municipality. All petition papers circulated with
respect to any proposed ordinance shall be uniform in character and shall
contain the proposed ordinance in full, and have printed or written thereon
the names and addresses of at least five electors who shall be officially re-
garded as filing the petition, and shall constitute a committee of the peti-
tioners for the purposes hereinafter named.
History: En. Sec. 31, Ch. 152, L. 1917;
re-en. Sec. 5429, R. C. M. 1921.
11-3231. (5430) Signatures and affidavit to petitions. Each signer of
a petition shall sign his name in ink or indelible pencil, and shall place on
86
CITIES AND TOWNS 11-3235
the petition papers, after his name, his place of residence by street and
number. The signatures of any such petition papers need not all be appended
to one paper, but to each such paper there shall be attached an affidavit by
the circulator thereof, stating the number of signers to such part of the
petition, and that each signature appended to the paper is the genuine sig-
nature of the person whose name it purports to be, and was made in the
presence of the affiant.
History: En. Sec. 32, Ch. 152, L. 1917;
re-en. Sec. 5430, R. C. M. 1921.
11-3232. (5431) Assembling and filing of petition papers — hearing upon
proposed ordinances — submission to electors. All papers comprising a peti-
tion shall be assembled and filed with the clerk of the commission as one
instrument, and when so filed, the clerk of the commission shall submit the
proposed ordinance to the commission at its next regular meeting. Pro-
vision shall be made for public hearings upon the proposed ordinances.
The commission shall at once proceed to consider it, and shall take final
action thereon within thirty days from the date of submission. If the
commission rejects the proposed ordinance, or passes it in a different form
from that set forth in the petition, the committee of the petitioners may
require it to be submitted to a vote of the electors in its original form, or
that it be submitted to a vote of the electors with any proposed change,
addition, or amendment, if a petition for such election is presented bearing
additional signatures of fifteen per cent of the electors of the city or town.
History: En. Sec. 33, Ch, 152, L. 1917;
re-en. Sec. 5431, R. C. M. 1921.
11-3233. (5432) Submission of petition and proposed ordinance to clerk.
When an ordinance proposed by petition is to be submitted to a vote of the
electors, the committee of the petitioners shall certify that fact and the
proposed ordinance to the clerk of the commission within twenty days
after the final action on such proposed ordinance by the commission.
History: En. Sec. 34, Oh. 152, L. 1917;
re-en. Sec. 5432, R. C. M. 1921.
11-3234. (5433) When proposed ordinance is to be submitted to electors.
Upon receipt of the certificate and certified copy of the proposed ordinance,
the clerk shall certify the fact to the commission at its next regular meeting.
If an election is to be held not more than six months nor less than thirty
days after the receipt of the clerk's certificate by the commission, such pro-
posed ordinance shall then be submitted to a vote of the electors. If no
such election is to be held within the time aforesaid, the commission shall
provide for submitting the proposed ordinance to the electors at a special
election.
History: En. Sec. 35, Ch. 152, L. 1917;
re-en. Sec. 5433, R. C. M. 1921.
11-3235. (5434) Contents of ballot — when proposed ordinance becomes
effective. The ballots used when voting upon any such proposed ordinance
shall state the title of the ordinance to be voted on, and below it the two
propositions, "For the ordinance," and "Against the ordinance." Immedi-
ately at the left of each proposition there shall be a square, in which, by
making a cross (X), the voter may vote for or against the proposed ordi-
87
11-3236 ELECTION LAWS
nance. If a majority of the electors voting on any such proposed ordinance
shall vote in favor thereof, it shall thereupon become an ordinance of the
municipality. w;-
History: En. Sec. 36, Oh. 152, L. 1917;
re-en. Sec. 5434, R. 0. M. 192L
11-3236. (5435) Repealing ordinances — publication, ajnendment and re-
peal of initiated ordinances. Proposed ordinances for repealing any ex-
isting ordinance or ordinances, in whole or in p^rt, may be submitted to
the commission as provided in the preceding section for initiating ordi-
nances. Initiated ordinances adopted by the electors shall be published and
may be amended or repealed by the commission as in the case of other
ordinances.
History: En. Sec. 37, Ch. 152, L. 1917;
re-en. Sec. 6435, E. C. M. 1921.
11-3237. (5436) When ordinances of commission take effect — petition
for repeal suspends effect unless law is complied with. No ordinance passed
by the commission, unless it be an emergency measure, shall go into effect
until thirty days after its final passage by the commission. If at any time
within the said thirty days, a petition signed by twenty-five per cent of
the total number of registered voters in the municipality be filed with the
clerk of the commission, requesting that any such ordinance be repealed
or submitted to a vote of the electors, it shall not become operative until
the steps taken herein shall have been taken.
History: En. Sec. 38, Ch. 152, L. 1917;
re-en. S«c. 5436, E. C. M. 1921.
11-3238. (5437) Reconsideration of ordinance — submission to electors
— failure to approve operates as repeal. The clerk of the commission shall
deliver the petition to the commission, Avhich shall proceed to reconsider the
ordinance. If, upon such reconsideration, the ordinance be not entirely
repealed, the commission shall provide for submitting to a vote of the
electors, and in so doing, the commission shall be governed by the provisions
herein contained, respecting the time of submission and manner of voting on
ordinances proposed to the commission by petition. If, when submitted to a
vote of the electors, any such ordinance be not approved by a majority of
those voting thereon, it shall be deemed repealed.
History: En. Sec. 39, Ch. 152, L. 1917;
re-en. Sec. 5437, E. C. M. 1921.
11-3239. (5438) Contents and requirements of referendum petitions —
ballots. Referendum petitions need not contain the text of the ordinance,
the repeal of which is sought, but shall be subject in all other respects to
the requirements for petitions submitting proposed ordinances to the com-
mission. Ballots used in referendum elections shall conform in all respects
to those provided for in section 11-3235 of this code.
History: En. Sec. 40, Ch. 162, L. 1917;
re-en. S«c. 6438, E. C. M. 1921.
11-3240. (5439) Other ordinances subject to referendum. Ordinances
submitted to the commission by initiative petition and passed by the com-
mission without change, or passed in an amended form and not required to
88
CITIES AND TOWNS 11-3244
be submitted to a vote of the electors by the committee of the petitioners,
shall be subject to a referendum in the same manner as other ordinances.
History: En. Sec. 41, Oh. 152, L. 1917;
re-en. Sec. 5439, R. C. M. 1921.
11-3241, (5440) Highest aflarmative vote prevails when referendum
ordinances conflict. If the provisions of two or more ordinances adopted or
approved at the same election conflict, the ordinance receiving the highest
affirmative vote shall prevail.
History: En. Sec. 42, Ch. 152, L. 1917;
re-en. Sec. 5440, B. C. M. 1921.
11-3242. (5441) Emergency ordinances subject to referendum — ^rules
applicable. Ordinances passed as emergency measures shall be subject to
a referendum in like manner as other ordinances, except that they shall go
into effect at the time indicated in such ordinances. If, Avhen submitted to
a vote of the electors, an emergency measure be not approved by a majority
of those voting thereon, it shall be considered repealed as regards any
further action thereunder; but such measure so repealed shall be deemed
sufficient authority for payment, in accordance with the ordinance, of any
expense incurred previous to the referendum vote thereon.
History: En. Sec. 43, Ch. 182, L. 1917;
re-en. Sec. 5441, B. C. M. 1921.
11-3243. (5442) Ordinances providing for expenditures, bond issues,
public improvements submitted to electors — preliminary steps prior to elec-
tion— qualifications of electors. In case a petition be filed requiring that
a measure passed by the commission providing for an expenditure of money,
a bond issue, or a public improvement be submitted to a vote of the
electors, all steps preliminary to such expenditure, actual issuance of the
bonds, or actual execution of the contract for such improvement, may be
taken prior to the election ; and at such election only resident taxpayers of
such city or town whose names as such appear upon the assessment roll and
who are also qualified electors of said city or town, shall be entitled to
vote at such election. And at any and all elections in such city or town
at which questions relating to bond issues, tax levies, or the expenditure
of money shall be submitted, no person shall be entitled to vote unless
qualified as in this section provided.
History: En. Sec. 44, Cli. 152, L. 1917;
re-en. Sec. 5442, R. O. M. 1921; amd. Sec.
7,,Ch 31, L. 1923.
11-3244. (5443) Oath and bond of commissioners. Every person who
has been declared elected commissioner, shall within ten (10) days there-
after take and file with the clerk of the commission his oath of office in the
form and manner provided by law, and shall execute and give sufficient
bond to the municipal corporation in such sum as the judge of the district
court of the county in which such municipality is situated, not, however,
exceeding $5000.00 for commissioners in cities of the first class and $3000.00
for commissioners in all other cities and towns, conditioned for the faithful
performance of the duties of his office, which bond shall be filed with the
clerk and recorder of the county in which such municipality is situated.
89
11-3245 ELECTION LAWS
The premium on such bond as may be required, shall be paid by the mu-
nicipality.
History: En, Sec. 45, Ch. 152, L. 1917;
re-en. Sec. 5443, R, C. M. 1921; amd. Sec.
8, Ch, 31, L. 192S.
11-3245. (5444) Designation of mayor — procedure in case of tie vote —
vacancy in office of mayor — powers and duties of mayor. The mayor shall
be that member of the commission, who, at the regular municipal election at
which the commissioners were elected, received the highest number of
votes. In case two candidates receive the same number of votes, one of them
shall be chosen mayor by the remaining members of the commission. In
event of a vacancy in the office of the mayor, by the expiration of his term
of office, the holdover commissioner having received the highest number of
votes shall be the mayor. In the event there is a vacancy in the office of the
mayor for any other cause, the remaining members of the commission shall
choose his successor for the unexpired term from their own number by lot.
The mayor shall be the presiding officer, except that in his absence, a presi-
dent pro tempore may be chosen. The mayor shall exercise such powers
conferred, and perform all duties imposed upon him by this act, the ordi-
nances of the municipality and the laws of the state, except that he shall
have no power to veto any measure. He shall be recognized as the official
head of the municipality by the courts for the purpose of serving civil proc-
esses, by the governor for the purposes of the military law, and for all
ceremonial purposes.
History: En. Sec, 46, Ch. 152, L. 1917;
re-en. Sec, 5444, R. C, M, 1921; amd. Sec.
9, Ch, 31, L. 1923.
11-3246. (5445) Selection of successor to mayor in event of his recall —
mayor when all commissioners are recalled. In the event that the commis-
sioner who is acting as mayor shall be recalled, the remaining members of
the commission shall select one of their number to serve as mayor for the
unexpired term. In the event of the recall of all the commissioners, the
person receiving the highest number of votes at the election held to deter-
mine their successor shall serve as the mayor.
History: En. Sec. 47, Ch. 152, L, 1917;
re-en. Sec. 5445, B, C, M, 1921.
11-3247, (5446) Quorum of commissioners — recording votes and pro-
ceedings. In municipalities having three commissioners, two commissioners
shall constitute a quorum ; and the affirmative vote of two commissioners
shall be necessary to adopt or reject any motion, resolution, or ordinance,
or pass any measure unless a greater number is provided for in this act. In
municipalities having five commissioners, three commissioners shall con-
stitute a quorum, and the affirmative vote of three commissioners shall be
necessary to adopt or reject any motion, resolution, or ordinance, or pass
any measure unless a greater number is provided for in this act. Upon every
vote, the ayes and the nays shall be called and recorded, and every motion,
resolution, or ordinance shall be reduced to writing and read before the
vote is taken thereon.
History: En. Sec. 48, Ch. 152, L. 1917;
re-en. Sec. 5446, R. C. M. 1921.
90
CITIES AND TOWNS 11-3330
11-3248. (5447) Compensation of commissioners and mayor. The
salary of each commissioner shall be as follows: For each meeting attended,
cities or towns with less than twenty-five thousand inhabitants, ten dollars
($10.00) ; cities with more than twenty-five thousand inhabitants, not to
exceed twenty dollars ($20.00) ; provided, that not more than one fee shall
be paid for any one day. The salary of the commissioner acting as mayor
shall be one and one-half times that of the other commissioners.
History: En. Sec. 49, Ch. 152, L. 1917; 5447, R. C. M. 1921; amd. Sec. 1, Ch. 10, L.
amd. Sec. 2, Cli. 44, L. 1919; re-en. Sec. 1949.
11-3249. (5448) Meetings of commission — unauthorised absence creates
vacancy — meetings and minutes to be public — rules and order of business.
At ten o'clock a. m. on the first Monday after the first day of January,
following a regular municipal election, the commission shall meet at the
usual place for holding the meetings of the legislative body of the munici-
pality, at which time the newly elected commissioners shall assume the
duties of their office. Thereafter, the commissioners shall meet at such
times as may be prescribed by ordinance or resolution, except that in munici-
palities having less than five thousand inhabitants, they shall meet regularly
at least once and not more than four times per month, and in municipalities
having more than five thousand inhabitants, they shall meet not less than
once every two weeks. Absence from five (5) consecutive regular meetings
shall operate to vacate the seat of a member, unless such absence be author-
ized by the commission.
The commissioner acting as mayor, any two members of the commission
or the city manager, may call special meetings of the commission upon at
least twelve (12) hours written notice to each member of the commission,
served personally on each member or left at his usual place of residence.
All meetings of the commission shall be public and any citizen shall have
access to the minutes and records thereof at all reasonable times. The
commission shall determine its own rules and order of business and shall
keep a journal of its proceedings.
History: En. Sec. 50, Ch. 152, L. 1917;
re-en. Sec. 5448, R. C. M. 1921; amd. Sec.
10, Ch. 31, L. 1923.
CHAPTER 33
COMMISSION-MANAGER FORM OF GOVERNMENT (continued)
Section 11-3330. Abandonment of commission-manager plan — proceedings.
11-3330. (5514) Abandonment of commission-manager plan — proceed-
ings. Any municipality which shall have operated for more than two years
under the provisions of this act, may abandon such organization hereunder,
and accept the provisions of the general law of the state applicable to mu-
nicipalities of its population.
Upon the petition of not less than twenty-five per cent of the electors
of such municipality registered for the last preceding general election, a
special election shall be called, at which the following proposition only shall
be submitted:
"Shall the (city or town) of (name of city or town) abandon its organ-
ization under (name of this act) and become a (city or town) under the
91
11-3401 ELECTION LAWS
general law governing (cities or towns) of like population; or if formerly-
organized under special charter, shall resume said special charter?"
If the majority of the votes cast at such special election be in favor
of such proposition, the officers elected at the next succeeding biennial
election shall be those then prescribed by the general laws of the state for
municipalities of like population, and upon the qualification of such officers,
such municipality shall become a municipality under such general law of
the state, but such change shall not in any manner or degree affect the
property, rights, or liabilities of any nature of such municipality, but shall
merely extend to each change in its form of government.
The sufficiency of such petition shall be determined, the election ordered
and conducted, and the results declared, as provided for by the provisions
of this act, in so far as the provisions thereof are applicable. Whenever
the form of government of a municipality is determined by a vote of the
people under the provisions of this section, the same question shall not be
submitted again for a period of two years, and any ordinance adopted by
the vote of the people shall not be repealed or the same question submitted
for a period of two years.
History: En. Sec. 117, Ch. 152, L. 1917;
re-en. Sec. 5514, R. C. M. 1921.
CHAPTER 34
CITY AND COUNTY CONSOLIDATED GOVERNMENT
Section 11-3401. Consolidated county and city government authorized.
11-3402. Petition — signatures required.
11-3403. Form of petition — certificate of county clerk — special election — notice.
11-3404. Form of ballot.
11-3405. Special election of commission — proclamation — nominations — conduct
of election.
11-3417. Effective date of ordinances — emergencies — submission to electors of
measures concerning franchises or special privileges.
11-3418. Recording and publishing of resolutions and ordinances.
11-3419. Initiative measures — petition.
11-3420. Action of commission on initiative petitions.
11-3421. Submission of initiative measure to electors.
11-3422. Time for submitting to electors — adoption on favorable vote.
11-3423. Effective date of initiative measure.
11-3424. Repealing ordinances may be initiated — publication, amending and
repealing of initiative measures by commission.
11-3425. Referendum — petition.
11-3426. Reconsideration of measure by commission — reference to electors.
11-3427. Voting on initiative or referendum measures — ballots.
11-3428. Preliminary acts authorized prior to submission of ordinance to
electors.
11-3429. Petitions for initiative, referendum or recall — signatures — affidavit.
11-3430. Petitions, assembling of papers comprising — clerk's certificate.
11-3431. Petitions — amendments — filuig new petition not precluded by finding
of insufficiency.
11-3458. Tax levy for special services — limitation on.
11-3401. (5520.1) Consolidated county and city government authorized.
The separate corporate existence and government of any county and of each
and every city and town therein may be abandoned and terminated and such
county and each and all of the cities and towns therein may be consolidated
and merged into one municipal corporation and government under this act
by proceeding as hereinafter provided.
History: En. Sec. 1, C7h. 121, L. 1923.
92
CITIES AND TOWNS 11-3401
11-3402. (5520.2) Petition— signatures required. The question of the
abandonment and termination of the separate corporate existence and gov-
ernment of a county and of each and every city and town therein and the
consolidation and merging of the existence and governnicnt of such county
and each and all of the cities and towns therein into one municipal corpo-
ration and government, under the provisions of this act, shall b3 submitted
to the qualified electors of such county if a petition be filed in the office
of the county clerk of such county, signed by at least twenty per centum
(20%) of the electors of said county whose names appear on the official
registei* of voters of the county on the date of the filing of such petition,
requesting that such question be submitted to the qualified electors of the
county.
History: En. Sec. 2, Ch. 121, L. 1923.
11-3403. (5520.3) Form of petition — certificate of county clerk — special
election — ^notice. Such petition shall be substantially in the form and shall
be signed, verified and filed in the manner prescribed in this act for initi-
ative, referendum and recall petitions, and shall designate therein the name
by which such consolidated government is to be known, which must be
either that of the county or of some one of the cities or towns therein. If
the county clerk shall find that such petition, or amended petition, so filed,
is signed by the required number of qualified electors he shall so certify to
the board of county commissioners of such county at their next regular
meeting, and such board shall thereupon, and within ten days after receiv-
ing the clerk's certificate, order a special election to be held at which elec-
tion such question shall be submitted to the qualified electors of the coun-
ty. Such order shall specify the time when such election shall be held, which
shall be not less than ninety nor more than one hundred and twenty days
from and after the day when such order is made, and the board of county
commissioners shall immediately upon making such order issue a procla-
mation setting forth the purpose for which such special election is held and
the date of holding the same, which proclamation must be published and
posted in the manner prescribed by section 23-105.
History: En. Sec. 3, Ch. 121, L. 1923.
11-3404. (5520.4) Form of ballot. At such election the ballots to be
used shall be printed on plain white paper, shall conform as nearly as pos-
sible to the ballots used on general elections, and shall have printed thereon
the following.
"Shall the corporate existence and government of the County of
and of each and every city and town therein be consoli-
dated and merged into one municipal corporation and government under
the provisions of Chapter (giving the number of this act). Acts of the
Eighteenth Legislative Assembly of the State of Montana, to be known and
designated as 'City and County of ?' "
n YES.
n NO.
Such election shall be conducted, vote returned and canvassed and re-
sult declared in the same manner as provided by law in respect to general
elections.
History: En. Sec. 4, Ch. 121, L. 1923.
93
11-3405 ELECTION LAWS
11-3405. (5520.5) Special election of commission— proclamation — noma-
nations — conduct of election. If the majority of the votes cast at such
election shall be in favor of such consolidation and merging, the board of
county commissioners of such county must, within two weeks after such
election returns have been canvassed, order a special election to be held for
the purpose of electing the number of members of the commission to which
.such consolidated municipality shall be entitled, which order shall specify
the time when such election shall be held, which shall be not less than
ninety nor more than one hundred and twenty days from and after the day
when such order is made, and the board of county commissioners, immedi-
ateh' upon making such order, shall issue a proclamation setting forth the
purpose for which such special election is held and the date of holding the
same, which proclamation must be published and posted in the manner pre-
scribed by section 23-105, provided, however, that if any general election is
to be held in such county after three months but within six months from the
date of the making of such order then such order shall require such special
election to be held at the same time as such general election. No primary
election shall be held for the purpose of nominating candidates for members
of the commission hereinafter provided for, to be voted for at such special
election, but such candidates shall be nominated directly by petition which
shall be in substantially the same form and be signed by the same number
of signers as hereinafter required for primary nominating petitions. Such
election shall be conducted, vote returned and canvassed and result de-
clared in the same manner as provided by law in respect to general elections.
History: En. Sec. 5, Ch. 121, L. 1923.
11-3417. (5520.17) Effective date of ordinances — emergencies — submis-
sion to electors of measures concerning franchises or special privileges.
Ordinances making the annual tax levy, ordinances and resolutions providing
for local improvements and assessments, and emergency measures shall take
effect at the time indicated therein. All other ordinances and resolutions
enacted by the commission shall be in effect from and after thirty days from
the date of their passage. Ordinances adopted by the electors shall take
effect at the time fixed therein, or, if no time is specified, thirty days after
the adoption thereof. An emergency measure is an ordinance or resolution
to provide for the immediate preservation of the public peace, health or
safety, in which the emergency claimed is set forth and defined in a preamble
thereto. The affirmative vote of at least two-thirds of the members of the
commission shall be required to pass an emergency ordinance or resolution.
No measure making or amending a grant, renewal or extension of a fran-
chise or other special privilege shall ever be passed without first submit-
ting the application therefor to the resident freeholders in the manner pro-
vided by sections 11-1207 and 11-1208.
History: En. Sec. 17, Ch. 121, L. 1923.
11-3418. (5520.18) Recording and publisiiing of resolutions and ordi-
nances. Every ordinance or resolution upon its final passage shall be re-
corded in a book kept for that purpose and shall be authenticated by the
signatures of the president and clerk. Within ten days after its final passage
each ordinance or resolution shall be published at least once in such manner
as the commission may by ordinance provide.
History: En. Sec. 18, Ch. 121, L. 1923.
94
CITIES AND TOWNS 11-3422
11-3419. (5520.19) Initiative measures — petition. Any proposed ordi-
nance, except an ordinance making a tax levy or appropriation, may be sub-
mitted to the commission by petition signed by ten per centum (10%) of the
qualified electors of the municipality whose names appear on the register of
voters on the date when the proposed ordinance is submitted *o the com-
mission. All petition papers circulated with respect to any proposed ordi-
nance shall be uniform in character and shall contain the proposed
ordinance in full.
History: En. Sec. 19, Ch. 121, L. 1923.
11-3420. (5520.20) Action of commission on initiative petitions. If an
initiative petition, or amended petition be found sufficient by the clerk
he shall so certify and shall submit the ordinance therein set forth to the
commission at its next meeting, and the commission shall at once read and
refer it to an appropriate committee, which may be a committee of the
whole. Provision shall be made for public hearings upon the proposed ordi-
nance before the committee to which it is referred. Thereafter the commit-
tee shall report the ordinance to the commission, with its recommendations
thereon, not later than sixty days aftfer the date on which such ordinance
was submitted to the commission by the clerk. Upon receiving the ordi-
nance from the committee the commission shall proceed at once to consider
it and shall take final action thereon within thirty days from the date of
such committee report.
History: En. Sec. 20, Ch. 121, L. 1923.
11-3421. (5520.21) Submission of initiative measure to electors. If the
commission fail to pass an ordinance proposed by initiative petition, or pass
it in a form different from that set forth in the petition therefor, the com-
mittee of the petitioners hereinafter provided for may require that it be
submitted to a vote of the electors either in its original form or with any
change or amendment presented in writing either at a public hearing before
the committee to which the proposed ordinance was referred or during the
consideration thereof by the commission. If the committee of petitioners re-
quire the submission of a proposed ordinance to a vote of the electors they
shall certify that fact to the clerk and file in his office a certified copy of the
ordinance, in the form in which it is to be submitted, within ten days after
final action on such ordinance by the commission.
History: En. Sec. 21, Ch. 121, L. 1923.
11-3422. (5520.22) Time for submitting to electors — adoption on favor-
able vote. Upon receipt of the certified copy of a proposed ordinance from
the committee of the petitioners the clerk shall certify the fact to the com-
mission at its next regular meeting. If a municipal election is to be held
within six months but more than ninety days after the receipt of the clerk's
certificate by the commission, such proposed ordinance shall be submitted to
a vote of the electors at such election. If no such election is to be held
within the time aforesaid the commission may provide for submitting the
proposed ordinance to the electors at a special election to be held not sooner
than ninety days after receipt of the clerk's certificate. If no municipal
election be held within six months as aforesaid, and the commission does not
provide for a special election, the proposed ordinance shall be submitted
to the electors at the first election held after the expiration of such six
95
11-3423 ELECTION LAWS
months. If, when submitted to the electors, a majority of those voting on
a proposed ordinance shall vote in favor thereof, it shall thereupon be an
ordinance of the municipality.
History: En. Sec. 22, Ch. 121, L. 1923.
11-3423. (5520.23) Effective date of initiative measure. When an ordi-
nance proposed by initiative petition is passed by the commission in a
changed or amended form, and the committee of the petitioners require that
such proposed ordinance be submitted to a vote of the electors as hereinbe-
fore provided, the ordinance as passed by the commission shall not take
effect until after such vote, and, if the proposed ordinance so submitted, be
approved by a majority of the electors voting thereon, the ordinance as
passed by the commission shall be deemed repealed.
History: En. Sec. 23, Ch. 121, L. 1923.
11-3424. (5520.24) Repealing ordinances may be initiated — publication,
amending- and repealing of initiative measures by commission. Proposed
ordinances for repealing any existing ordinance or ordinances, in whole or
in part, may be submitted to the commission as provided in the preceding
sections for initiating ordinances. Initiated ordinances adopted by the elec-
tors shall be published, and may be amended or repealed by the commission,
as in the case of other ordinances.
History: En. Sec. 24, Ch. 121, L. 1923.
11-3425. (5520.25) Referendum — petition. The electors shall have
power to approve or reject at the polls any ordinance passed by the com-
mission, except an ordinance making a tax levy or an emergency measure,
such power being known as the referendum. Ordinances submitted to the
commission and passed by the commission without change, or passed in an
amended form and not required by the committee of the petitioners to be
submitted to a vote of the electors, shall be subject to the referendum in the
same manner as other ordinances. If, within thirty days after the final
passage of an ordinance, a petition signed by ten per centum (10%) of the
qualified electors whose names appear on the register of voters on the date
when such petition is filed, shall be filed with the clerk requesting that the
ordinance, or any specified part thereof, be either repealed or submitted to a
vote of the electors, it shall not become operative until the steps indicated
herein have been taken. Referendum petitions shall contain the text of
the ordinance, or part thereof, the repeal of which is sought.
History: En. Sec. 26, Ch. 121, L. 1923.
11-3426. (5520.26) Reconsideration of measure by commission — ^refer-
ence to electors. If a referendum petition, or amended petition, be found
suflBcient by the clerk he shall certify that fact to the commission at its next
regular meeting and the ordinance or part thereof set forth in the petition
shall not go into effect, or further action thereunder shall be suspended if it
shall have gone into effect, until approved by the electors as hereinafter
provided. Upon receipt of the clerk's certificate the commission shall proceed
to reconsider the ordinance or part thereof and its final vote upon such
reconsideration shall be upon the question "Shall the ordinance (or part of
the ordinance) set forth in the referendum petition be repealed?" If upon
such reconsideration the ordinance, or part thereof, be not repealed it shall
96
CITIES AND TOWNS 11-3429
be submitted to the electors at the next municipal election held not less
than ninety days after such final vote by the commission. The commission
by vote of not less than two-thirds of its members may submit the ordi-
nance, or part thereof, to the electors at a special election to be held not
sooner than the time aforesaid. If when submitted to the electors any
ordinance, or part thereof, be not approved by a majority of those voting
thereon it shall be deemed repealed.
History: En. Sec. 26, Oh. 121, L. 1923.
11-3427. (5520.27) Voting on initiative or referendum measures — ^bal-
lots. Ordinances, or parts thereof, submitted to vote of the electors in ac-
cordance with the initiative and referendum provisions of this act shall be
submitted by ballot title which shall be prepared in all cases by the director
of law. The ballot title may be distinct from the legal title of any such
proposed or referred ordinance and shall be a clear, concise statement, with-
out argument or prejudice, descriptive of the substance of such ordinance or
part thereof. The ballot used in voting upon any ordinance, or part thereof,
shall have below the ballot title the two following propositions, one above
the other, in the order indicated: "For the ordinance" and "Against the
ordinance." Immediately at the left of each proposition there shall be a
square in which by making a cross mark (X) the elector may vote for or
against the ordinance or part thereof. Any number of ordinances, or parts
thereof, may be voted upon at the same election and may be submitted on
the same ballot, but the ballot used for voting thereon shall be for that
purpose only.
History: En. Sec. 27, Ob. 121, L. 192S.
11-3428. (5520.28) Preliminary acts authorixed prior to submission of
ordinance to electors. In case a petition be filed requiring that an ordinance
passed by the commission providing for the expenditure of money, a bond
issue, or a public improvement be submitted to a vote of the electors, all
steps preliminary to such actual expenditure, actual issuance of bonds, or
actual execution of the contract for such improvement, may be taken prior
to the election.
History: En. Sec. 28, Cb. 121, L. 1923.
11-3429. (5520.29) Petitions for initiative, referendum or recall — dena-
tures— affidavit. The signatures to initiative, referendum or recall petitions
need not all be appended to one paper, but to each separate petition paper
there shall be attached an affidavit of the circulator thereof as provided by
this section. Each signer of any such petition paper shall sign his name in
ink or indelible pencil and shall indicate after his name his place of resi-
dence by street and number, or other description sufficient to identify the
place. There shall appear on each petition paper the names and addresses
of five electors of the municipality, who, as a committee of the petitioners,
shall be regarded as responsible for the circulation and filing of the petition.
The affidavit attached to the petition paper shall be as follows :
State of Montana, city and county of ,
, being duly sworn, deposes and
says that he is the circulator of the foregoing paper and that the signatures
appended thereto were made in his presence and are the genuine signatures
of the persons whose names they purport to be.
97
11-3430 ELECTION LAWS
Signed
Subscribed and sworn to before me this day of
,19
Notary public for the state of Montana.
Residing at , Montana.
My commission expires
History: En. Sec. 29, Ch. 121, L. 1923.
11-3430. (5520.30) Petitions, assembling of papers comprising — clerk's
certificate. All petition papers comprising an initiative, referendum or re-
call petition shall be assembled and filed with the clerk as one instrument.
Within ten days after a petition is filed the clerk shall determine whether it
is signed by a sufficient number of electors and shall attach thereto a certifi-
cate showing the result of his examination. If he shall certify that the
petition is insufficient he shall set forth in his certificate the particulars in
which it is defective and shall at once notify the committee of the petition-
ers of his findings.
History: En. Sec. 30, Oh. 121, L. 1923.
11-3431. (5520.31) Petitions — amendments — filing new petition not
precluded by finding of insufficiency. An initiative, referendum or recall
petition may be amended at any time within ten days after the making of a
certificate of insufficiency by the clerk, by filing a supplementary petition
upon additional papers signed and filed as provided in case of an original
petition. The clerk shall, within five days after such amendment is filed,
make examination of the amended petition and, if his certificate shall show
the petition still to be insufficient, he shall file it in his office and notify the
committee of the petitioners of his findings and no further action shall be
had on such insufficient petition. The finding of the insufficiency of a
petition shall not prejudice the filing of a new petition for the same purpose.
History: En. Sec. 31, Cli. 121, L. 1923.
11-3458. (5520.58) Tax levy for special services — limitation on. The
commission may by ordinance designate clearly specified districts in or for
which special services are to be performed and may levy upon the property
in any such district such tax, in addition to any taxes authorized by section
11-3455 as may be necessary to pay the cost of such special service or serv-
ices. Any such additional tax levied under the authority of this section upon
the property within any district shall not exceed fifteen mills unless the
question of levying a higher rate for a specified year or years shall have
been submitted to the electors of the district and approved by a majority of
those voting therein ; but in no case shall such additional levy be more than
twenty mills.
History: En. Sec. 1, Ch. 162, L. 1925.
CHAPTER 35
CITY AND COUNTY CONSOLIDATED GOVERNMENT (continued)
Section 11-3530. Elections — officers to act.
11-3531. Municipal primary election — when held — nominees, majority vote
elects — time for polls to be open — conduct of election.
11-3532. Nominating petitions.
11-3533. Form of nominating petition.
98
CITIES AND TOWNS 11-3532
11-3534. Filing of petitions — notification of nominees — entry of names on ballot.
11-3535. Ballots — party designation forbidden — form.
11-3536. Ballot — order of names.
11-3537. Ballots — blank spaces.
11-3538. Notices — primary election — municipal election — publication.
11-3539. Ballots at municipal election — what names to appear.
11-3540. Eemoval of commissioners — recall petitions.
11-3541. Recall petitions — signatures — filing- — amendment.
11-3542. Eecall election — notice to officer whose removal sought — time for
holding.
11-3543. Separate removals require separate petitions — nomination of succes-
sors.
11-3544. Recall elections — voting machines not used — form of ballots.
11-3545. Result of votes — removal — designation of successor.
11-3546. Resignation pending recall election, result of.
11-3547. Limitation on filing recall petitions.
11-3549. Political participation by appointees forbidden.
11-3550. Penalizing appointees for not participating in politics forbidden —
appointees not to act as officers of political organization or circulate
petitions.
11-3551. Penalty for violations.
11-3559. Resolution declaring creation of consolidated government — effective
date of merger — legal status.
11-3530. (5520.90) Elections — oflBcers to act. For any election held on
the question of the adoption of this act, and for the first election of members
of the commission thereunder, if adopted the county clerk and board of
county commissioners shall exercise the powers and perform the duties
respecting elections prescribed for county clerks and boards of county com-
missioners by the general laws of the state. After the adoption of this act
by the electors of the county, and the election and qualification of a commis-
sion thereunder, the powers and duties of county clerks and boards of county
commissioners under the general election laws of the state shall devolve
upon the clerk and commission of the municipality and, except as otherwise
provided in this act, the provisions of such laws shall continue to apply to
all elections held within the municipality.
History: En. Sec. 89, Ch. 121, L. 1923.
11-3531. (5520.91) Municipal primary election — when held — nominees,
majority vote elects — time for polls to be open — conduct of election. A
municipal primary election for the choice of members of the commission
shall be held on the last Tuesday in April in each year in which members of
the commission are to be elected. All candidates for the commission re-
ceiving a majority of the votes cast at the municipal primary election shall
be deemed and declared elected to the commission. If candidates equal to the
number of members of the commission to be elected do not receive a majority
of the votes cast at such primary election, a municipal primary election shall
be held on the first Tuesday in June next following the election. At all muni-
cipal elections the polls shall be open from 8 a. m. to 6 p. m. The time,
manner and method of establishing election precincts and polling places
and appointment of judges of election and the method of conducting elec-
tion, registering voters therefor, counting the votes cast thereat, and can-
vassing the returns thereof, shall be as prescribed by the general election
laws of the state.
mstory: En. Sec. 90, Ch. 121, L. 1923.
11-3532. (5520.92) Nominating petitions. Any elector of the munici-
pality eligible to membership in the commission may be placed in nomina-
99
11-3533 ELECTION LAWS
tion therefor by petition filed with the clerk and signed by at least two per
centum (2%) of the qualified electors whose names appear upon the official
register of voters of the municipality. The signatures to a nominating
petition need not all be appended to one paper, but to each separate leaf of
the petition there shall be attached an affidavit of the circulator thereof
stating that each signature appended thereto was made in his presence and
is the genuine signature of the person whose name it purports to be. Each
signer of a petition shall sign his name in ink or indelible pencil and, after
his name, shall designate his residence by street and number or other de-
scription sufficient to identify the place, and give the date when his signature
was made. No elector shall sign petitions for more candidates for the com-
mission than the number of places to be filled therein at the forthcoming
primary election.
History: En. Sec. 91, Oil. 121, L. 1923.
11-3533. (5520.93) Form of nominating petition. The form of nomina-
ting petition papers shall be substantially as follows:
We, the undersigned electors of the city and county of ,
hereby nominate who.se residence is
for the office of commissioner, to be voted for at the primary election to
be held on the last Tuesday of April, 19 , and we individually certify
that we are qualified to vote for candidates for the above office and that
we have not signed nominating petitions for more than
candidates for the commission.
Residence (street and number) or description to identify place.
Name. Date.
State of Montana, city and county bf ss.
, being duly sworn, deposes and says that he
is the circulator of this petition paper ; that the signatures appended there-
to were made in his presence and are the genuine signatures of the persons
whose names they purport to be.
Signed
Subscribed and sworn to before me this day of
,19
Notary public for the state of Montana, residing at ,
Montana. My commission expires , 19
HlBtory. En. Sec. 92, Oh. 121, L. 1923.
11-3634. (5520.94) Filing of petitions— notification of nominees — entry
of luimes on ballot. All separate leaves comprising a nominating petition
shall be assembled and filed with the clerk as one instrument at least thirty
days prior to the next succeding last Tuesday in April. Within five days
after the filing of the nomination petition the clerk shall notify the person
name4 therein as a candidate whether such petition is signed by the required
number of qualified electors. Any eligible person placed in nomination as
hereinbefore provided shall have his name printed on the ballots and placed
npon any voting machine used at the primary election, if within five days
100
CITIES AND TOWNS 11-3538
after such nomination, he shall have filed with the clerk a written accept-
ance of the nomination.
History: En. Sec. 93, Ch. 121, L. 1923.
11-3535. (5520.95) Ballote — party designM^tion forbidden — form. No
party mark or designation shall appear on the ballots, or in connection with
the names of candidates on any voting machine, used in the election of
members of the commission. Each elector may vote for as many candidates
for the commission as there are places to be filled therein ; but any ballot
marked for more candidates than the number of places to be filled shall not
be counted for any of the candidates for which marked. The ballots shall
be in form substantially as follows:
MUNICIPAL ELECTION
City and county of
(Month and day of month), 19
FOR COMMISSIONERS
Do not vote for more than
History: En. Sec. 94, Ch. 121, L. 1923.
11-3536. (5520.96) Ballat — order af names. At 2 o'clock p. m. on the
tenth day before any election at which members of the commission are to
be nominated and elected, the clerk shall publicly determine by lot the order
in which the names of candidates for election to the commission shall be
printed on the ballots, or appear on any voting machine, to be used at
such election.
History: En. Sec. 95, Oil. 121, L. 1923.
11-3537. (5520.97) Ballots — ^blank spaces. As many blank spaces shall
be left on the ballots below the printed names of candidates for the commis-
sion as there are places to be filled therein. In any such space an elector
may write the name of any eligible person, and a vote cast for such person
shall be counted as though for a candidate whose name is printed on the
ballots.
History: En. Sec. 96, Oh. 121, L. 1923.
11-3538. (5520.98) Notices — primary election — municipal election —
publication. On the tenth day prior to the municipal primary election the
clerk shall cause notice thereof to be published in such daily newspaper or
newspapers, printed and published within and of general circulation in the
municipality as the commission may have designated, and if there be no daily
newspaper then in such weekly newspaper or newspapers as may be so
designated. In case the commission fail to designate such newspaper or
newspapers, the clerk shall cause the notice to be published in such news-
paper or newspapers printed and published within and of general circulation
in the municipality as he may select. Such published notice shall contain a
list of the candidates for the commission nominated as hereinbefore pro-
vided, and state the time of holding the election. On the tenth day prior
to a municipal election held on the first Tuesday in June the clerk, under
like conditions, shall cause a similar notice to be published concerning that
101
11-3539 ELECTION LAWS
election. The commission may also provide for giving notice of such elec-
tions by other means.
History: En. Sec. 97, Ch. 121, L. 1923.
11-3539. (5520.99) Ballots at municipal election — what names to ap-
pear. At any municipal election held for the choice of members of the
commission of the first Tuesday in June following a municipal primary
election there shall be printed on the ballots and placed on the voting
machines the names of the candidates receiving the highest number of votes
at the municipal primary election, except the names of those elected to the
commission thereat, and the number of names so printed on the ballots and
placed on the voting machines shall be equal to double the number of places
remaining to be filled in the commission. If, by reason of their having re-
ceived the same number of votes, it cannot be determined which of two or
more candidates shall have his name, or their names, printed on the ballots
and placed on the voting machines, then, notwithstanding the foregoing pro-
visions of this section the names of all such candidates receiving the same
number of votes shall be printed on the ballots and placed on the voting
machines. The candidates for the commission at an election held on the
first Tuesday in June, equal in number to the places remaining to be filled
in the commission, who receive the highest number of votes shall be declared
elected. A tie between two or more candidates shall be decided by lot in the
presence of such candidates and under the direction of the clerk.
History: En. Sec. 98, Ch. 121, L. 1923.
11-3540. (5520.100) Removal of commissioners — recall petitions. Any
member of the commission may be removed from office by the electors of the
municipality. The procedure for effecting such a removal shall be as
follows :
Any elector of the municipality may make and file an affidavit with
the clerk requesting that petition be issued demanding an election for the
recall of any member of the commission. Any such affidavit shall state
the name of the person whose removal from the commission is sought and
the grounds alleged for such removal. Upon the filing of such an affidavit
the clerk shall deliver to the elector making the affidavit copies of petition
papers for demanding such an election, printed copies of which the clerk
shall keep on file for distribution as herein provided. In issuing any such
petition paper the clerk shall enter in a record to be kept in his office the
name of the elector to whom issued, the date of issuance, the number of
papers issued, and shall certify on each paper the name of the elector and the
date of issuance. No petition paper shall be accepted as part of a petition
unless it bear such certification of the clerk and unless filed as hereinafter
provided.
History: En. Sec. 99, Ch. 121, L. 1923.
11-3541. (5520.101) Recall petitions — signatures — filing — amend-
ment. A petition for a recall election to be effective must be returned and
filed with the clerk within thirty days after the filing of the affidavit as pro-
vided in last preceding section, and to be sufficient must be signed by at
least twenty per centum (20%) of the qualified electors of the municipality
whose names appear on the official register of voters of the municipality
on the date when such petition is returned and filed with the clerk. If any
102
CITIES AND TOWNS 11-3544
such petition is insufficient as originally filed it may be amended as provided
in this act.
History: En. Sec. 100, Ch. 121, L. 1923.
11-3542. (5520.102) Recall election — ^notice to officer whose removal
sought — time for holding'. If a petition for a recall election, or an amended
petition, shall be certified by the clerk to be sufficient, he shall at once sub-
mit it to the commission with his certificate to that effect and shall notify
the member of the commission whose removal is sought of such action.
Unless the member whose removal is sought resign within five days after
such notice, the commission shall thereupon order and fix a day for holding
a recall election. Any such election shall be held not less than ninety nor
more than one hundred and twenty days after the petition has been pre-
sented to the commission and may be held at the same time- as any other
election held within such period; but, if no other election be held within
such period, the commission shall call a special recall election to be held
within the time aforesaid.
History: En. Sec. 101, Ch. 121, L. 1923.
11-3543. (5520.103) Separate removals require separate petitions —
nomination of successors. The question of recalling any number of mem-
bers of the commission may be submitted at the same election, but as to
each member whose removal is sought a separate petition shall be filed and
provision shall be made for an entirely separate printed ballot. Candidates
to succeed any person whose removal is sought shall be placed in nomina-
tion by petition signed, filed and verified as provided for nominating peti-
tions for a municipal primary election ; except that each petition paper shall
specify that the candidate named therein is a candidate to succeed a
particular person whose removal is sought.
History: En. Sec. 102, Ch. 121, L. 1923.
11-3544. (5520.104) Recall elections — ^voting machines not used — form
of ballots. Voting machines shall not be used in recall elections, and the
printed ballots shall be in form substantially as follows:
RECALL ELECTION
City and County of
(Month and day of month) 19
SHALL (name of person) BE REMOVED FROM THE COMMISSION
BY RECALL?
FOR THE RECALL OF
(Name of Person.)
AGAINST THE RECALL OF
(Name of Person.)
CANDIDATE
To succeed (name of person) if recalled. Vote for but one.
History: En. Sec. 103, Ch. 121, L. 1923.
103
11-3545 ELECTION LAWS
11-3545. (5520.105) Result of votes — removal — designation of succes-
sor. If a majority of the votes cast on the question of recalling a member
of the commission as hereinbefore provided be against his recall he shall
continue in office for the remainder of his unexpired term, but subject to
recall as before. If a majority of such votes be for the recall of such mem-
ber he shall, regardless of any defect in the recall petition, be deemed re-
moved from office. When a member is removed from the commission by
recall the candidate to succeed such member who receives the highest num-
ber of votes shall succeed the member so removed for the unexpired term.
History: En. Sec. 104, Ch. 121, L. 1923.
11-3546. (5520.106) Resignation pending recall election, resnlt of. If
a person in regard to whom a recall petition is submitted to the commission
shall resign from office after notice thereof no election shall be held and
some eligible person shall be chosen by a majority vote of the remaining
members to fill the place for the unexpired term ; but the member so resign-
ing shall not be chosen by the commission to succeed himself.
History: En. Sec. 105, Ch. 121, L. 1925.
11-3547. (5520.107) Limitation on filing recall petitions. No recall
petition shall be filed in respect to any member of the commission within
three months after he takes office nor in case of a member subjected to a
recall election and not removed thereby, until at last six months after that
election.
History: En. Sec. 106, Ch. 121, L. 1923.
11-3549. (5520.109) Political participation by appointees forbidden.
No person holding an appointive office or position in the municipal govern-
ment shall directly or indirectly solicit or receive, or be in any manner con-
cerned in soliciting or receiving, any assessment, subscription or contribu-
tion for any political party or purpose whatever. No person shall orally or
by letter solicit, or be in any manner concerned in soliciting, any assessment,
subscription or contribution for any political party or purpose from any
person holding an appointive office or position in the municipal government.
No person shall use or promise to use his influence or official authority to
secure any appointment, or prospective appointment to any position in the
service of the municipality as a reward or return for personal or partisan
political service. No person shall take part in preparing any political
assessment, subscription or contribution with the intent that it should be
sent or presented to or collected from any person in the service of the
municipality, nor shall he knowingly send or present directly or indirectly,
in person or otherwise, any political assessment, subscription or contribution
to, or request its payment by any person in such service.
History: En. Sec. 108, Ch. 121, L. 1923.
11-3550. (5520.110) Penalizing appointees for not participating in
politics forbidden — appointees not to act as oflScers of political organization
or circulate petitions. No person in the service of the municipality shall
discharge, suspend, lay off, reduce in grade, or in any manner change the
official rank or compensation of any person in such service or threaten to
do so, for withholding or neglecting to make any contribution of money or
service or any valuable thing for any political service. No person holding
104
CITIES AND TOWNS 11-3611
an appointive office or place in the municipal government shall act as an
officer in a political organization, or serve as a member of a committeee of
any such organization, or circulate or seek signatures for any petition pro-
vided for by primary or election laws.
History: En. Sec. 109, Oh. 121, L. 1923.
11-3551. (5520.111) Penalty for violations. Any person who, by him-
self or in cooperation with one or more persons, wilfully or corruptly vio-
lates any of the provisions of sections 11-3549 and 11-3550 of this act shall
.be guilty of misdemeanor and shall, upon conviction thereof, be punished by
a fine of not less than fifty dollars nor more than five hundred dollars or by
imprisonment for a term not exceeding three months, or by both such fine
and imprisonment, and if he be an officer or employee of the municipality
he shall immediately forfeit his office or employment.
History: En. Sec. 110, Ch. 121, L. 1923.
11-3559. (5520.119) Resolution declaring creation of consolidated gov-
ernment— effective date of merger — ^legal status. At the first meeting of
the commission whose members are first elected under the provisions of this
act, such commission shall adopt a Resolution reciting the filing of the
petition provided for in section 11-3402, the ordering and holding of a spe-
cial election as requested in such petition, the result of such election, and
the holding of the special election for and the election of the members of the
first commission, and the name and designation of the consolidated munici-
pality, which resolution must be in duplicate, and signed by all of the
members of the commission and also entered at length on the journal of
the commission. One copy of such commission must be filed in the office of
the clerk of the commission and the other copy thereof must be trans-
mitted to and filed in the office of the secretary of state. Immediately upon
the adoption of such resolution by the commission the separate corporate
existence of the county and of each and every city and town therein shall
be deemed to be consolidated and merged into one municipal corporation
under the name selected, designated and adopted as provided in this act,
and such consolidated municipality shall thereupon be deemed to have suc-
ceeded to, and to possess and own all of the property and assets of every
kind and description and shall, save as herein otherwise provided, become
responsible for all of the obligations and liabilities of the county, cities and
towns so consolidated and merged. As a political subdivision of the state,
such consolidated municipality shall have the status of a county, and for the
purpose of representation in the legislative assembly, as provided by the
constitution and laws of this state, and for all other purposes, it shall
replace and be the successor of the county and shall be attached to the
same judicial district.
History: En. Sec. 118, Ch. 121, L. 1923.
CHAPTER 36
METEOPOLITAN SANITARY DISTEICTS
(Repealed — Section 14, Chapter 185, Laws of 1957)
11-3601 to 11-3611. Repealed. tary districts, were repealed by Sec. 14,
Repeal Ch. 185, Laws 1957. For new provisions
These sections (Sees. 1 to 11, Ch. 292, see 16-4401 to 16-4413.
L. 1947), relating to metropolitan sani- The repealing clause also contained a
105
11-3703 ELECTION LAWS
savings provision. It read: "Chapter 292, shall be valid, and any obligations in-
Laws of 1947, is hereby repealed, provid- curred thereunder shall in nowise be af-
ing however, that any metropolitan sani- fected by the repeal of said chapter 292,
tary sewer districts established under the Laws of 1947."
provisions of chapter 292, Laws of 1947,
CHAPTER 37
OFF-STKEET PAEKING FACILITIES
Section 11-3703. Creation of parking commissions — revenue bonds.
11-3703. Creation of parking commissions — revenue bonds. A city may
create, as provided for in this section, a public body corporate and politic
to be known as the "parking commission" of the city. The commissio)!
of any city shall not transact any business or exercise any powers under
this act unless and until the legislative body of the city shall by resolution
declare at any time hereafter that there is need for a parking commission
to function in such city. The determination as to whether there is need
for a commission to function may be made by the legislative body on its
own motion or upon the filing of a petition signed by one hundred (100)
residents of the city, asserting that there is need for a commission to func-
tion in such city and requesting that the legislative body so declare.
In any suit, action or proceeding by or against or in any manner
relating to a parking commission, the commission shall be conclusively
deemed to have become established and authorized to transact business
and exercise its powers upon proof of the adoption of a resolution by the
legislative body declaring the need for the commission to function. A cit}'
shall not transact any business or exercise any powers of this act unless
and until the legislative body of the city shall by resolution declare 'that
there is need for such city to exercise the powers of a parking commission
as provided in this act.
Either or both such resolutions may be adopted by the legislative body
of a city. If both such resolutions are adopted they shall clearly specify
areas within the city less than the whole thereof, within which, or projects
over which, the commission and the city, respectively, are to have juris-
diction and control. The division of such jurisdiction and control shall
be as so specified, but may be changed from time to time by action of both
the legislative body and the commission, to such extent as may be con-
sistent with obligations to bondholders assumed under this act.
The power to issue revenue bonds as provided in this act shall not be
operative in any city until the legislative body, either at a general or a
special election, shall submit to the electors, whose qualifications shall be
the same as those required for voting at municipal elections in the city for
elective officers thereof, the question as to whether the legislative body, or
the commission, or both, shall be authorized to adopt the revenue bond
method of financing projects provided for herein. Such question may be
placed before the electors and notice thereof given in the same manner
as provided by law for referring ordinances of the city to the electors. The
provisions relating to the qualifications of electors and manner of submis-
106
COUNTIES 16-301
sion of the question to the electors for the purposes of this act shall govern
;ind be controlling, any provision of law to tho contrary notwithstanding!:.
History: En. Sec. 3, Ch. 223, L. 1951;
amd. Sec. 2, Ch. 127, L. 1955.
TITLE 16
COUNTIES
CHAPTER 3
KEMOVAL OF COUNTY SEATS
Section 16-301. Eemoval of county seat — petition.
16-302. Submission to electors — -Avho are taxpayers.
16-303. Election, notice of, how held and conducted.
16-304. Voter to vote for place he prefers.
16-305. Publication of result.
16-306. Place chosen to be county seat.
16-307. Statement of result and notice transmitted.
16-308. No second election to be held within four years.
16-309. County seat may be removed from time to time.
16-301. (4369) Removal of county seat — petition. Whenever the in-
habitants of any county of this state desire to remove the county seat of a
county from the place where it is fixed by law, or otherwise, to another
place, they may present a petition to the board of county commissioners of
their county praying such removal, such place to be named in the petition,
and that an election be held to determine whether or not such removal must
be made. The petition to remove the county seat of the county from the
place where it is fixed by law to another place must be presented to the
board of county commissioners at least sixty days prior to any action
thereon being taken by the board of county commissioners, and action on
said petition by the board of county commissioners must be had at a regular
meeting of said board of county commissioners. Such petition must be
filed with the county clerk, and the county clerk, immediately upon the
filing of said petition, must cause to be printed in every newspaper pub-
lished within said county a notice to the effect that a petition praying
for the removal of said county seat has been filed with the county clerk,
and that said petition is open to the inspection of any and all persons
interested therein, and that said petition will be presented to the board
of county commissioners at its next regular session for action thereon. No
other or additional petition than the one originally filed shall be con-
sidered by the board of county commissioners, except that at any time on or
before the date fixed for the hearing, any person having signed the original
petition for the removal of the county seat may file a statement in writing
with the county clerk that he desires to have his name withdrawn from
such petition; provided, that not more than one Avithdrawal shall be per-
mitted by the same person.
History: En. Sec. 4157, Pol. C. 1895; 1915; amd. Sec. 1, Ch. 10, L. 1919; re-en.
amd. Sec. 1, p. 145, L. 1901; re-en. Sec. Sec. 4369, R. C. M. 1921. Cal. Pol. C. Sec.
2851, Rev, C. 1907; amd. Sec, 1, Ch, 62, L. 3976.
107
16-302 ELECTION LAWS
16-302. (4370) Submission to electors — who are taxpayers. If the
petition is signed by sixty-five per cent of the taxpayers of such county,
the board of county commissioners must at the next general election submit
the question of removal to the electors of the county; provided, that the
term "taxpayers" used in this section shall be deemed to mean "ad valorem
taxpayers," and that for the purpose of testing the sufficiency of any peti-
tion which may be presented to the county commissioners as provided in
this section, the county commissioners shall compare such petition with the
poll-books in the county clerk's office constituting the returns of the last
general election held in their county, for the purpose of ascertaining
whether such petition bears the names of sixty-five per cent of the tax-
paying voters listed therein ; and they shall make a similar comparison
of the names signed to the petition with those appearing upon the listed
assessment roll of the county for the purpose of ascertaining whether the
petition bears the names of sixty-five per cent of the ad valorem tax-
payers as listed in said assessment roll; and if such petition then shoM's
that it has not been signed by sixty-five per cent of the voters of the
county who are ad valorem taxpayers thereof, after deducting from the
said original petition the names of all persons who may have signed
such original petition, and who may have filed, or caused to be filed, with
the county clerk of said county or the board of county commissioners, on
or before the date fixed for the hearing, their statement in writing of the
withdrawal of their names from the original petition, it shall be deemed
insufficient, and the question of the removal of the county seat shall not
be submitted.
History: En. Sec. 4158, Pol. C. 1895; 1919; re-en. Sec. 4370, R. C. M. 1921. Cal.
amd. Sec. 2, p. 146, L. 1901; re-en. Sec. Pol. C. Sec. 3977.
2852, Rev. C. 1907; amd. Sec. 2, CTh. 10, L.
16-303. (4371) Election, notice of, how held and conducted. Notice of
such election, clearly stating the object, must be given, and the election
must be held and conducted, and the returns made, in all respects in the
manner prescribed by law in regard to the submitting of questions to the
electors of a locality under the general election law.
History: En. Sec. 4159, Pol. C. 1895;
re-en. Sec. 2853, Rev. C. 1907; re-en. Sec.
4371, R. C. M. 1921. Cal. Pol. C. Sec. 3979.
16-304. (4372) Voter to vote for place he prefers. In voting on the
question, each elector must vote for the place in the county which he pre-
fers, by placing opposite the name of the place the mark X.
History: En. Sec. 4160, Pol. C. 1895;
re-en. Sec. 2854, Rev. C. 1907; re-en. Sec.
4372, R. C. M. 1921. Cal. Pol. C. Sec. 3980.
16-305. (4373) Publication of result. When the returns have been re-
ceived and compared, and the results ascertained by the board, if a majority
of the qualified electors of the county have voted in favor of any particular
place, the board must give notice of the results by posting notices thereof
in all the election precincts of the county, and by publishing a like notice
in a newspaper printed in the county at least once a week for four weeks.
History: En. Sec. 3, p. 146, L. 1901; Ch. 27, L. 1921; re-en. Sec, 4373, R. C. M.
•re-en. Sec. 2865, Rev. C. 1907; amd. Sec. 1, 1921. Cal. Pol. C. Sec. 3981.
108
COUNTIES 16-401
16-306. (4374) Place chosen to be county seat. In the notice provided
for in the next preceding section, the place selected to be the county seat of
the county must be so declared from a day specified in the notice not more
than ninety days after the election. After the day named in the notice,
the place chosen is the county seat of the county.
History: En. Sec. 4162, Pol. C. 1895;
re-en. Sec. 2856, Rev. C. 1907; re-en. Sec.
4374, R. C. M. 1921. Cal. Pol. C. Sec. 3982,
16-307. (4375) Statement of result and notice transmitted. Whenever
any election has been held, as provided for in the preceding sections of this
chapter, the statement made by the board of county commissioners, show-
ing the result thereof, must be deposited in the office of the county clerk,
and whenever the board gives the notice prescribed by section 16-306 of this
code, they must transmit a certified copy thereof to the secretary of state.
History: En. Sec. 4163, Pol. C. 1895;
re-en. Sec. 2857, Rev. C. 1907; re-en. Sec.
4375, R. C. M. 1921. Cal. Pol. C. Sec. 3983.
16-308. (4376) No second election to be held within four years. When
an election has been held and a majority of the votes are not cast for some
other place than that fixed by law as the former county seat, no second
election for the removal thereof must be held within four years thereafter.
History: En. Sec. 4164, Pol. C. 1895;
re-en. Sec. 2858, Rev, C. 1907; re-en. Sec.
4376, R. C. M. 1921. Cal. Pol. C. Sec. 3984.
16-309. (4377) County seat may be removed from time to time. When
the county seat of a county has been once removed by a popular vote of the
people of the county, it may be again removed from time to time in the
manner provided by this chapter.
History: En. Sec. 4, Ch. 146, L. 1901;
re-en. Sec. 2859, Rev. C. 1907; re-en. Sec.
4377, R. C. M. 1921. Cal. Pol. C. Sec. 3985.
CHAPTER 4
LOCATION OF COUNTY SEATS
Section 16-401. Meeting and organization of board of commissioners on creation of
new county — county clerk.
16-402. Designation of temporary county seat — special election.
16-403. Proceedings after petition for county seat election.
16-404. Division of county into registration and polling precincts.
16-405. Registration of voters.
16-406. Judges of election — ballots, books and records.
16-407. Applicability of general election laws.
16-408. Form of ballot.
16-409. Canvass of returns — result of election.
16-410. Ee-election in case of failure to select county seat.
16-411. Applicability of general laws to new counties and officers.
16-412. Submission of question of locating permanent county seat to voters —
elections.
16-401. (4378) Meeting and organization of board of commissioners on
creation of new county — county clerk. Whenever a county is created here-
after in this state by legislative enactment, it shall be the duty of the per-
sons appointed to the office of county commissioners of such county by the
109
16-402 ELECTION LAWS
act creating it, to meet at some place in the county, to be agreed upon by a
majority of said county commissioners, within fifteen days after the
passage of the act creating the county, and then and there organize as a
board of county commissioners by electing one of their number chairman.
The person appointed to the office of county clerk in the bill creating
the county shall be notified in writing by the county commissioners, or
some one of them, of the time and place of said meeting, and he must
attend the meeting and act as the clerk thereof and keep a record of the
proceedings. If no person is appointed to the office of county clerk by
the act creating the county, the commissioners shall at such meeting
select some person qualified to hold office of county clerk to act as clerk of
of such meeting.
History: En. Sec. 1, Ch. 135, L. 1911;
re-en. Sec. 4378, R. C. M. 1921.
16-402. (4379) Designation of temporary county seat — special election.
(1) Immediately after the organization of the board of county commis-
sioners, as provided in the preceding section, said board shall, by a resolu-
tion spread upon the minutes of its proceedings, designate some place within
said county as and to be the temporary county seat until the permanent
county seat shall be located as hereinafter in this act provided. The place so
designated shall be the temporary county seat of said county until the
permanent county seat is located by the electors of said county at the
general election to be held on the first Tuesday after the first Monday of
November of the next even-numbered year after the creation of the county,
or at a special election as hereinafter provided.
(2) In the event of a majority of the county commissioners failing to
agree upon the location of the temporary county seat, then each county com-
missioner shall write the name of the place he favors as the temporary
county seat on a slip of paper and said slips be inclosed in envelopes of the
same size, color, and texture, and shall be deposited in a box or other
suitable receptacle, and the county clerk, in the presence of said commis-
sioners, shall draw out one of the said slips. Thereupon the county com-
missioners shall, by resolution spread upon the minutes, declare the place
named on the slip so drawn by the county clerk to be the temporary
county seat of said county.
(3) At said first general election after the creation of the county, it
shall be the duty of the board of county commissioners and county clerk to
have separate official ballots printed and distributed for the use of the
electors at said election ; which ballots shall be in the form and contain
the same matter as the ballots provided for in section 16-408 of this code,
and the provisions of section 16-409 of this code shall apply to and govern
the manner of voting and of canvassing said ballots, and the board of
county commissioners shall declare the result of such election and the
location of the permanent county seat, and said county seat shall be lo-
cated in the manner and according to the provisions of said section 16-409.
(4) Provided, however, that at any time within six months after the
passage of an act creating a new county, a petition or petitions may be filed
with the county clerk of the board of county commissioners of such county
110
COUNTIES 16-404
asking the board to submit the question of the location of the permanent
county seat to the electors of the county at a special election to be called
and held in the manner hereinafter in this act provided. Said petition or
petitions must contain in the aggregate the names of at least one hundred
taxpayers, whose names appear upon the assessment-books containing the
last assessment of the property situated in such new county, and whose
names also appear as registered electors in some registration district estab-
lished and existing in the territory embraced in the new county at the
last general election held therein.
(5) The petition or petitions when filed with the board must also have
certificates attached thereto from the county clerk of the county in which
the person or persons signing the petition resided before the creation of
the new county, certifying that the names of the person signing said peti-
tion or petitions appear in the last assessment-books of his county, and
also in the registration-books of his county containing the names of the
electors registered in the last general election in the districts now embraced
in the new county.
History: En. Sec. 2, Ch. 135, L. 1911;
re-en. Sec. 4379, R. C. M. 1921.
16-403. (4380) Proceedings after petition for county seat election.
Upon filing said petition or petitions, duly certified to as provided in the
preceding section, with the county clerk of the new county, he must im-
mediately notify the chairman of the board of county commissioners who,
upon receipt of such notice, must call a meeting of the board to be held
within ten days after the filing of said petition, for the purpose of consider-
ing the same. If the board at such meeting finds that said petition conforms
to the requirements of and is in accordance with the provisions of the pre-
ceding section, it shall at said meeting, by a resolution spread upon its
minutes, call a special election of the qualified electors of said county for
the purpose of voting upon the question of the location of the permanent
county seat.
Said election shall be held on Tuesday and not less than forty nor
more than sixty days after the date of calling the same. The board must
issue an election proclamation containing a statement of the time of the
election and the question to be submitted. A copy of this proclamation
must be published in some newspaper printed in the county, if any, and
posted at each place of election at least ten days before the election.
History: En. Sec. 3, Ch. 135, L. 1911;
re-.en. Sec. 4380, R. C. M. 1921.
16-404. (4381) Division of county into registration and polling pre-
cincts. At the meeting of the board at which the special election is called
for the purpose of locating the permanent county seat, the board shall, by
resolution spread upon its minutes, divide the county into registration dis-
tricts and establish polling precincts in the manner provided by law. It must
also, at such meeting, make an order designating the house or place within
each precinct where the election shall be held. It must also at the same
session of the board appoint registry agents for the several registration
districts established by it, who must possess the qualifications required by
law for registry agents. The county clerk must furnish the said registry
111
16-405 ELECTION LAWS
agents with books, blanks, and other stationery required for the proper
performance of their duties.
History: En. Sec. 4, Ch. 135, L. 1911; tors held impliedly repealed by Ch. 122,
re-en. Sec. 4381, R. C. M. 1921. Laws of 1915. sections 23-501 to 23-534
NOTE.— Sections 16-404 (4381) and 16- (553 to 586). Opinions of Attorney General
405 (4382) relating to registration of elec- Vol. 8, Pg. 247.
16-405. (4382) Registration of voters. The period for the registration
of electors shall be between the hours of nine a. m. and nine p. m. on all legal
days from nine a. m. of the fourth Monday prior to the date of said election
to nine p. m. of the second following Saturday. It shall be the duty of
each registry agent to publish and post notices of the time and places of
registration in the manner provided by law for the publication of notices
of registration for general elections. No person shall be entitled to regis-
ter and vote at such special election unless he is a qualified voter of the
state of Montana of the age of twenty-one years, and will have been a
resident of Montana one year and of the territory embraced within the
boundaries of the new county for a period of one hundred and eighty days
on the day next preceding the day of such election, and also takes and
subscribes to the oath provided in section 479, Revised Codes of Montana.
The general election laws of this state governing the registration of
electors and defining the duties of the registry agents shall apply to and
govern the registration of electors in elections held under this act insofar
as the same do not conflict herewith.
History: En. Sec. 5, Ch. 135, L. 1911; was repealed by chapter 113, Laws of 1911.
re-en. Sec. 4382, R. C. M. 1921. This section held impliedly repealed, see
NOTE.— Section 479, referred to above, note to sec. 16-404.
16-406. (4383) Judges of election — ^ballots, books and records. At the
same meeting of the board of county commissioners at which the special
election for the location of the permanent county seat is called, the board
shall appoint three judges of election for each precinct in the county who
shall act as the judges at said election. It shall be the duty of the count}^
clerk to have printed and distributed to the judges of election the necessary
ballots, the form of which shall be as provided in sections 16-402, 16-408, and
16-410 of this code, and also supply the judges with the necessary books,
records, stationery and ballot-boxes required to hold such election in the
manner provided by law.
History: En. Sec. 6, Ch. 135, L. 1911;
re-en. Sec. 4383, R. C. M. 1921.
16-407. (4384) Applicability of general election laws. The judges ap-
pointed for said special election must qualify as required by the general
election law, and the polls must be opened and closed, the voting done, the
ballots counted, returns made to the board of county commissioners, and all
other matters connected with said election carried on and conducted in
accordance with and as provided by the general election laws of this state.
History: En. Sec. 7, Ch. 135, L. 1911;
re-en. Sec. 4384, R. C. M. 1921.
16-408. (4385) Form of ballot. The form of the ballot used at such
elections shall be as follows: There shall be a stub across the top of each
ballot, and separated therefrom by a perforated line. The part above the
112
COUNTIES 16-410
perforated line, designated as the stub, shall extend the entire width of the
ballot, and shall have a depth of not less than two inches. Upon the face
of the stub there shall be printed in what is known as brevier capitals the
following instructions :
"To vote this ballot the elector will write in the blank space on the
ballot the name of the town or place at which he desires the permanent
county seat to be located."
The ballot below the perforated line shall be in the following form:
"For the permanent county seat of _ county my choice
is "; (here insert name of county)
Provided, that any person who, from any cause, is unable to write, may
have one of the judges in the presence of another judge write his choice
on the ballot.
History: En. Sec. 8, Ch. 135, L. 1911;
re-en. Sec. 4385, B. C. M. 1921.
16-409. (4386) Canvas of returns — result of election. When the name
of a town or place in a county shall be so inserted in the blank space on
such ballot by an elector, and the ballot has been cast as provided by law,
the same shall be deemed a vote for the designated town or place as the
location of the permanent county seat of said county. The board of county
commissioners of said county shall canvass the returns of said election in
the manner provided by law for the canvassing of election returns, and
upon such canvassing of returns the town or place found to have received
a majority of all votes cast on such questions shall be declared by the
board the permanent county seat of the county. The order declaring the
result of such election shall be entered of record in the minutes of the pro-
ceedings of the board of county commissioners by the county clerk, and
from the date of the declaration of the results of the election the town or
place selected shall be and remain, until lawfully changed in the manner
provided by law, the permanent county seat of such county. Within ten
days after the declaration of the result of such election, all records and
county offices of the county, if elsewhere located, must be moved to and
remain at the place declared the permanent county seat.
History: En. Sec. 9, Ch. 135, L. 1911;
re-en. Sec. 4386, R. C. M. 1921.
16-410. (4387) Re-election in case of failure to select county seat. If
no town or place receives a majority of all votes cast on such question,
then the town or place receiving the highest number of votes shall be de-
clared by the board and immediately become the temporary county seat of
the county, and at the next general election the two towns or places receiv-
ing the greatest number of votes at said first election shall be the candidates
for the permanent county seat. At said next general election, the county
clerk shall have separate ballots in the form provided for in section 16-408
of this code printed and distributed as provided by law containing the
names of said candidates for the permanent county seat. On the stub of
such ballots shall be printed the following instructions :
"To vote this ballot the elector will place an X in the square before
the name of the town he intends to vote for."
113
16-411 ELECTION LAWS
The form of such ballots below the perforated line shall be as follows:
for the permanent county seat
for the permanent county seat
Of said towns or places the one receiving a majority of all the votes
cast on such question shall be declared the permanent county seat, and the
board of county commissioners must canvass the returns and declare the
result, and the county seat must be located in accordance with the provi-
sions of this act.
History: En, Sec. 10, Ch. 135, L. 1911;
re-en. Sec. 4387, R. C. M. 1921.
16-411. (4388) Applicability of general laws to new counties and
officers. All laws of general nature applicable to the several counties of
the state of Montana and to the officers thereof, and to their powers and
duties, shall be applicable to a new county and the officers thereof from and
after the creation of the county, except as otherwise provided in this act, or
the act creating the county.
History: En. Sec. 11, Ch. 135, L. 1911;
re-en. Sec. 4388, R. C. M. 1921.
16-412. (4389) Submission of question of locating permanent county
seat to voters — elections. Any county heretofore created, in which the
permanent county seat has not been located by valid election held for the
purpose of locating the permanent county seat of said county, may have a
special election, for the purpose of voting on such question, called and
held under the provisions of this act, or if no special election is held for
such purpose, then said question shall be submitted by the county commis-
sioners at the next general election after the passage of this act and in
the manner provided herein for the submission of such questions at gen-
eral elections; provided, however, that no special election shall be called
for the purpose of submitting such question unless a petition or petitions
containing in the aggregate the names of one hundred taxpaying electors
of such county, whose names appear upon the last assessment book, and
also on the last registration-books of said county, are filed with the clerk
of the board of county commissioners within six months after the passage
and approval of this act.
Upon the filing of such petition or petitions within said time, contain-
ing the requisite number of taxpaying electors, which must be ascertained
by the board from the records of said county, said board must immediately
call such special election as herein provided.
If registration districts and polling precincts have already been estab-
lished in said county, they shall remain the same for such special election,
but a new registration shall be had and said special election conducted
and the result determined as in this act provided.
The provisions of this section shall not apply in any case where there
has been a permanent county seat located and maintained for a period of
three years from the date immediately subsequent to the date of the
approval of this act, whether the same was located by a legal election or
otherwise.
History: En. Sec. 12, Oh. 135, L. 1911;
re-en. Sec. 4389, R. C. M. 1921.
114
COUNTIES 16-501
CHAPTER 5
CREATION OF NEW COUNTIES BY PETITION AND ELECTION
Section 16-501. Creation of new counties — debts and assets prorated — minimum area
and valuation.
16-502. Basis of taxation upon creation of new county — terms used in law
defined.
16-503. Cities and towns eligible for county seat.
16-504. Petition for creation of new county — attached affidavits — notice and
hearing.
16-505. Duty of commissioners when findings justify new county — division into
township, road and school districts — change of boundaries of election
precincts — election — temporary county seat.
16-506. Measures to be taken after election — officers — effect of adverse vote.
16-507. Officers of new county — judicial district.
16-508. State senator to be elected.
16-509. Board of county commissioners to be elected.
16-517. Publication by posting of notice.
16-518. State senator and member of house of new county.
16-519. Misdemeanor and malfeasance in office.
16-520. Repealing and saving clause.
16-501. (4390) Creation of new counties — debts and assets prorated—
minimum area and valuation. New counties may from time to time be
formed and created in this state from portions of one or more counties,
which shall have been created and in existence for a period of more than
two years, in the manner set forth and provided in this act ; provided, how-
ever, that no new county shall be established which shall reduce any county
to an assessed valuation of less than twelve million dollars ($12,000,000.00),
inclusive of all assessed valuation as shown by the last preceding assess-
ment ; nor shall any new county be established which shall reduce the area
of any existing county from which territory is taken to form such new
county, to less than twelve hundred square miles of surveyed land, exclu-
sive of all forest reserve and Indian reservations within old counties nor
shall any new county be formed which contains an assessed valuation of
property less than ten million dollars ($10,000,000.00), inclusive of all as-
sessed valuation as shown by the last preceding assessment, of the county
or counties from which such new county is to be established, nor shall any
new county be formed which contains less than one thousand square miles
of surveyed land exclusive of all forest reserve land or Indian reservations,
not open for settlement, nor shall any line thereof pass within fifteen miles
of the court house situate at the county seat of the county sought to be
divided; provided, that such county line may be run within a distance of
ten miles of a county seat in cases where the natural contour of the county,
by reason of mountain ranges or other topographical conditions, is such as
to make it difficult to reach the county seat, and in such cases a petition,
signed by at least fifty-eight per centum (58%), of the voters in the pro-
posed new county, shall be presented to the judge of the district court in
which the county affected is located, asking for the appointment of a com-
mission of five (5) disinterested persons, who shall determine if the topo-
graphical conditions are such as to warrant the fixing of the county division
lines closer than at fifteen miles from the county seat, as such boundaries
are legally fixed and determined at the date of the filing of the petition or
petitions referred to in section 16-504 of this code.
Every county which shall be enlarged or created from the territory
taken from any other county or counties shall be liable for a prorata pro-
115
16-502 ELECTION LAWS
portion of the existing debts and liabilities of the county or counties from
which such territory shall be taken, and shall be entitled to a prorata pro-
portion of the assets of the county or counties from which such territory is
taken, to be determined as provided by section 16-502, 16-503 and 16-511.
History: The first new county act was plete new county law enacted by Ch. 139,
Ch. 112, L. 1911. The first four sections L. 1915, which was repealed by Oh. 226, L.
of this act were amended and the rest re- 1919. This section en. Sec. 1, Ch. 226, L.
enacted by Ch. 133, L. 1913; Sec. 7 of the 1919; re-en. Sec. 4390, R. C. M. 1921; amd.
act was also amended by Ch. 136, L. 1913. Sec. 1, Ch. 106, L. 1929.
All these acts were repealed and a com-
16-502. (4391) Basis of taxation upon creation of new county — terms
used in law defined. For the purposes of this act the assessed valuation of
all property, whether included within the boundaries of a proposed new
county, or remaining within the boundaries of any existing county or coun-
ties from which territory is taken, shall be fixed and determined on the same
basis as is used for the imposition of taxes in the state of Montana, to-wit :
By taking that percentage of the true and full value of all taxable property
in any county specified by section 84-302.
Whenever in this act the term "assessed valuation" or "valuation based
on the last assessment roll" is used, said terms shall be construed as mean-
ing taxable valuation determined as herein provided, not the full and true
valuation of property.
History: En. Sec. 1, Ch. 16, Ex. L.
1919; re-en. Sec. 4391, R. C. M. 1921.
16-503. (4392) Cities and towns eligible for county seat. No city,
town, or village shall become the temporary or permanent county seat of
any county organization under the provisions of sections 16-501 to 16-520
of this code, or created by an act of the legislative assembly, unless such
city or town shall have been incorporated in the manner provided by law,
or unless such village shall have been regularly platted and a plat thereof
filed in the office of the county clerk and recorder, and there be fifty quali-
fied electors residing within the boundaries of such platted village, and the
temporary county seat selected upon the organization of such county shall
remain as such county seat until the permanent county seat shall be estab-
lished as provided by law.
History: En. Sec. 1, Ch. 16, Ex. L.
1919; re-en. Sec. 4392, R. C. M. 1921.
16-504. (4393) Petition for creation of new county — attached affidavits
— notice and hearing. (1) Whenever it is desired to divide any county or
counties and form a new county out of a portion of the territory of such
then existing county or counties, a petition shall be presented to the board
of county commissioners of the county from which the new county is to be
formed, in case said proposed new county is to be formed from but one
county, or to the board of county commissioners of the county from which
the largest area of territory is proposed to be taken for the formation of
such new county, in case said new county is to be formed from portions of
two or more existing counties; and such board of county commissioners
shall be empowered and have jurisdiction to do and perform all acts pro-
vided for to^be done or performed in this act, for each of the several coun-
116
COUNTIES 16-504
ties from which anj' proposed territory is to be taken, and shall direct that
a certified copy of all orders and proceedings had before such board of
county commissioners shall be certified by the county clerk to the board of
county commissioners of each of the several counties from which any ter-
ritory is taken by the proposed new county; and all officers of any such
county shall comply with the orders of the board of county commissioners,
in the same manner as if said order had been duly made by the board of
county commissioners of each respective county from which territory is
proposed to be taken. Such petition shall be signed by at least fifty-eight
per cent of the qualified electors of the proposed new county, whose names
appear on the official registration books and who are shown thereon to have
voted at the last general election preceding the presentation of said peti-
tion to the board of county commissioners as herein provided ; provided,
that in cases where the proposed new county is to be formed from portions
of two or more counties, separate petition shall be presented from the terri-
tory taken from each county ; and each of said separate petitions shall be
signed by at least fifty-eight per cent of the qualified electors of each of said
proposed portions. Such signatures need not all be appended to one paper,
but may be signed to several petitions which must be similar in form, and
when so signed the several petitions may be fastened together and shall be
treated and presented as one petition.
(2) Such petition or petitions shall contain:
1. A particular description of the boundaries of the proposed new
county.
2. A statement that no line thereof passes within fifteen miles of the
court house situated at the county seat of any county proposed to be di-
vided, except as hereinafter in this act provided.
3. A statement of the assessed valuation of such proposed county as
shown by the last preceding assessment, inclusive of all assessed valuation.
4. A statement of the surveyed area in square miles which will remain
in the county or counties from which territory is taken to form such new
county, after such county is formed, and a statement of the surveyed area
in square miles which will be in the new county after formed.
5. The name of the proposed new county.
6. A prayer that such proposed new county be organized into a new
county under the provisions of this act.
There shall be attached and filed with said petition or petitions an affi-
davit of five qualified electors and taxpayers residing within each county
sought to be divided, to the effect that they have read said petition and ex-
amined the signatures affixed thereto, and they believe that the statements
therein are true, and that it is signed by at least fify-eight per cent of the
qualified electors as herein provided, of the proposed new county, or of the
proposed portion thereof, taken from each existing county, where the pro-
posed new county is to be formed from portions of two or more existing
counties ; that the signatures affixed thereto are genuine ; and that each of
such persons so signing was a qualified elector of such county therein sought
to be divided, at the date of such signing. Such petition or petitions so veri-
fied, and the verification thereof, shall be accepted in all proceedings per-
mitted or provided for in this act, as prima facie evidence of the truth of
117
16-504 ELECTION LAWS
the matters and facts therein set forth. Upon the filing of such petition or
petitions and affidavits with the clerk of the said board of county commis-
sioners, said clerk shall forthwith fix a date to hear the proof of the said
petitions and of any opponents thereto, which date must be not later than
thirty days after the filing of such petition with the clerk of said board.
The county clerk shall also, at the same time, designate a newspaper of
general circulation published in the old counties, but not within the pro-
posed new county, and also a newspaper of general circulation published
within the boundaries of the proposed new county, if there be such, in which
the said county clerk shall order and cause to be published, at least once a
week for two weeks next preceding the date fixed for such hearing, a notice
in substantially the following form :
Notice
Notice is hereby given that a petition has been presented to the board
of county commissioners of county (naming the county repre-
sented by the board of county commissioners with which said petition was
filed), praying for the formation of a new county out of portion of the said
county and county (naming the county or counties
of which it is proposed to form the new county), and that said petition will
be heard by the said board of county commissioners at its place of meeting
(designating the city or town and the day and hour of the meeting so to be
held), and when and where all persons interested may appear and oppose
the granting of said petition, and make any objections thereto.
Dated at at Montana.
, County Clerk.
Said petitioners shall, on or before the date fixed for said hearing, file
with the said board of county commissioners a bond to be approved by
said board, in an amount of five thousand dollars, payable to the county
in which said petition is filed, conditioned that the obligors named in said
bond will pay to said county all expenses incurred in the election provided
for in this act, not exceeding the amount specified in said bond, in the
event that at the election herein provided for more than forty-two per cent
of the votes cast at said election are "for the new county of
(naming the proposed new county)," "No."
(3) At the time so fixed for said hearing, the board of county commis-
sioners shall proceed to hear the petitioners and any opponents and pro-
testants upon the petition or protests filed on or before the time fixed for
the hearing. No petition or protest or petition for the exclusion of territory
shall be considered unless the same is filed at least one day before the
time fixed for the hearing, and such petition for the exclusion of territory
shall contain the names of not less than fifty per cent of the qualified elec-
tors who are resident property taxpayers of any territorj' to be excluded.
All such territory being excluded must be in one block, and contain an area
of not less than thirty-six square miles, and be totally within one county,
and contiguous thereto, and the board of county commissioners may adjourn
such hearing from time to time, but not for more than ten days after the
time fixed for the hearing, and shall receive the proof to establish or
controvert the facts set forth in said petition. No withdrawals of signatures
to the original petition for the creation of a proposed county shall be filed
118
COUNTIES 16-504
or considered which have not been filed with the county clerk on or before
the date fixed for the hearing. No withdrawals of any signature from the
petition for the exclusion of territory shall be received or considered which
are not filed within five days after the filing of the petition for such ex-
clusion of territory.
(4) The board of county commissioners, on the final hearing of such
petition or petitions, shall, by a resolution entered on its minutes, deter-
mine:
1. The boundaries of the proposed new county, and the boundaries so
determined by said board of county commissioners shall be the boundaries
of such proposed new county, if it be created as herein provided.
2. Whether the said petition contains the genuine signatures of at
least fifty-eight per cent of the qualified electors of the proposed new
county as herein required, or in cases where separate petitions are presented
from portions of two or more existing counties as herein required, whether
each petition is signed by at least fifty-eight per cent of the qualified
electors of that portion of each of such existing counties which it is pro-
posed to take into the proposed new county.
3. Whether any line of the proposed new county passes within fifteen
miles of the court-house situate at the county seat of any county proposed
to be divided, except as hereinbefore provided.
4. Whether the proposed new county will contain property, according
to the last preceding assessment, which will equal in amount at least four
million dollars, inclusive of all assessed valuation.
5. Whether the area of any existing county from which territory is
taken to form such new county will be reduced to less than twelve hundred
square miles of surveyed land, by taking the territory proposed to be taken
therefrom to form such new county.
6. Whether the area of the proposed new county will contain at least
one thousand square miles of surveyed land to form such new county.
7. The class to which said proposed new county after its creation will
belong, and the name of said proposed new county, as stated in such pe-
tition.
8. Whether the area embraced within the proposed new county will be
reasonably compact.
(5) On final hearing the board of commissioners, upon petition of not
less than fifty per cent of the qualified electors (as shown by the official
registration books on the day of the filing of any such petition) of any ter-
ritory lying within said proposed new county contiguous to the boundary
line of the said proposed new county, and of the old county from which such
territory is proposed to be taken, and lying entirely within a single old
county and described in said petition, asking that said territory be not in-
cluded within the proposed new county, must make such changes in the
proposed boundaries as will exclude such territory from such new county,
and shall establish and define such boundaries. On final hearing the board of
commissioners, upon petition of not less than fifty per cent of the qualified
electors who are resident property taxpayers of any territory lying outside
said proposed new county, and contiguous to the boundary line of said pro-
posed new county, and of the old county or counties from which such
119
16-505 ELECTION LAWS
territory is proposed to be included, asking that said territory be included
within the proposed now county, must make such changes in the proposed
boundaries as will include such territory in such new county, and shall
establish and define such boundaries ; provided, however, that the segrega-
tion of such territory from any old county or counties shall not leave such
county or counties with less than twelve million dollars of assessed valua-
tion, based upon the last assessment-roll ; provided, that no change or
changes so made shall result in reducing the valuation of the proposed new
county to less than an assessed valuation of ten million dollars, inclusive of
all assessed valuation ; and provided, further, that no change shall be made
which shall leave the territory so excluded separate and apart from and
without the county of which it was formerly a part. Petitions for exclu-
sion shall be disposed of in the order in point of time in which they are
filed with the clerk of the board of county commissioners, and on final de-
termination of boundaries no changes in the boundaries originally proposed
shall be made except as prayed for in said petition or petitions, or to correct
clerical errors or uncertainties.
History: En. Sec. 2, Ch. 226, L. 1919; NOTE. — Wording of this section changed
re-en. Sec. 4393, R. C. M. 1921. to conform to amendment of section 1(5-
501 by Sec. 1, Ch. 106, Laws 1929.
16-505. (4394) Duty of commissioners when findings justify new county
— division into township, road and school districts — change of boundaries
of election precincts — election — temporary county seat. (1) If the said
board of county commissioners determine that the formation of said pro-
posed new county Avill not reduce any county from which any territory is
taken to an assessed valuation of less than twelve million dollars, inclusive
of the assessed valuation, nor the area thereof to less than twelve hundred
square miles of surveyed land, and that tlie proposed new county contains
property of an assessed valuation of at least ten million dollars, inclusive
of all assessed valuation, and that the proposed new county has an area
of at least one thousand square miles of land, and that no line of said pro-
posed new county passes within fifteen miles of the court house situate at
the county seat of any county proposed to be divided, except as hereinbe-
fore provided, and that said petition contains the genuine signatures of at
least fifty-eight per cent of the qualified electors of the proposed new
county, or in cases where separate petitions are presented from portions of
two or more existing counties (as herein required), that each of said pe-
titions contain the genuine signatures of at least fifty-eight per cent of the
qualified electors of that portion of the proposed new countj^ from which
it is taken, then the said board of county commissioners shall divide the
proposed new county into a convenient number of township, road, and
school districts, and define their boundaries and designate the names of
such districts.
(2) Said board of county commissioners shall also, if necessary for
the purpose of the election hereinafter provided for, change the boundaries
of the election precincts in said old county or counties to make the same
conform to the boundaries of the proposed new county; provided, that the
boundary lines of no such precinct shall extend bej'^ond the boundary lines
of the then existing county in which it is located, and from which the terri-
120
COUNTIES 16-505
tory is proposed to be taken ; and said board shall appoint election officers
to act at said election and to be paid by said board.
(3) Within two weeks after its determination of the truth of the alle-
gations of said petition as aforesaid, the said board of county commis-
gioners shall order and give proclamation and notice of an election to be
held on a specified day in the territory which is proposed to be taken for the
new county, not less than ninety days nor more than one hundred and
twenty days thereafter, for the purpose of determining whether such terri-
tory shall be established and organized into a new county ; and for the elec-
tion of officers and location of a county seat therefor, in case the vote at
such election shall be in favor of the establishment and organization of such
new county. All qualified electors residing within the proposed new county
who are qualified electors of the county or counties from which territory
is taken to form such proposed new county, and who have resided within the
limits of the proposed county for a period of more than six months next
preceding the day of election, and who are registered under the provisions
of the registration laws of the state, shall be entitled to vote at said elec-
tion. Registration and transfers of registration shall be made and shall
close in the manner and at a time provided by law for registration and
transfers of registration for a general election in the state of Montana.
(4) Such proclamation and notice of election shall be published at
least once a week for three weeks before the holding of such election, in
some newspaper of general circulation published in the territory which is
proposed to be taken for the new county, and a copy thereof shall be mailed
immediately by the county clerk of the county in which the petition is filed
to the county clerk of each county from which territory is taken for the pro-
posed new county. Such proclamation and notice shall require the voters
to cast ballots which shall contain the words, "For the new county of
(giving the name of the proposed new county)" "Yes," and "For
the new county of (giving the name of the proposed
new county)," "No," and each voter desiring to vote for the establishment
and organization of said new county shall mark a cross (X) opposite the
words, "For the new county of ," "Yes," in the manner
now required by law in other elections, and each voter desiring to vote
against the establishment and organization of said new county shall mark a
cross (X) opposite the words, "For the new county of ,"
"No," in the manner now required by law in other elections; and shall
also contain the names of persons to be voted for to fill the various elective
offices designated in said proclamation for counties of the class to which
said proposed county will belong, as determined by the board of county
commissioners as herein otherwise provided.
(5) There shall also be printed upon said ballot the words, "For the
county seat," and the names of all cities or towns which may have filed with
the county clerk a petition signed by at least twenty-five qualified electors,
nominating any city or town within the proposed new county for the county
seat, and the voter shall designate his choice for county seat by marking a
cross (X) opposite the name of the city or town for which he desires to cast
his ballot. At the special election to be held, as provided in this act, the
question of the election of the county seat is hereby provided to be sub-
121
16-506 ELECTION LAWS
mitted to the qualified electors of the proposed new county, and the ma-
jority of all the votes cast therefor shall determine the election thereon. In
case any city or town fails to receive a majority of all the votes cast, then
the city or town receiving the highest number of all votes cast shall be
designated as the temporary county seat, and in case any city or town is
not the choice of the election for the county seat by a majority of all the
votes cast, the question of choice between the two cities or towns for which
the highest number of votes shall have been cast shall be submitted in like
manner to the qualified electors at the next general election thereafter.
When the county seat shall have been selected as herein provided, it shall
not thereafter be changed except in the manner provided by law.
(6) The proclamation calling the election and the notice thereof pro-
vided for in this act shall be made and given exclusively by the board of
county commissioners with which is filed the said petition for the formation
and establishment of such new county, and such board shall cause the clerk
of said county to furnish to the officers of each precinct in such proposed
new county all ballots, poll list, tally lists, registers for voters' signatures,
ballot-boxes, and other election supplies and equipment necessary to con-
duct such election, and which are not hereinafter specifically directed to be
furnished by the clerk of another county or counties. Such election shall
be governed and controlled by the general election laws of the state, so far
as the same shall be applicable, except as herein otherwise provided. The
returns of all elections for the creation of the county, and for officers and
for location of the county seat as provided for in this act, shall be made to
and canvassed by the board of county commissioners of the county from
which the largest area is taken by the proposed county.
(7) The county clerk of each county from which territory is taken for
the proposed new county shall, not less than five days before the date of
such election, furnish to each board of election within said proposed new
county, a copy of the official register for the precincts of such proposed
new county as are within their respective counties, and the copies of indexes
thereof required by law containing the names of all persons who were
qualified electors at the last general election before the date of such election.
All returns of election herein provided for shall be made to the board of
county commissioners calling such election.
All nominations of candidates for the office required to be filled at said
election shall be made in the manner provided by law for the nomination of
candidates by petition.
The provisions of the election laws relating to preparation, printing, and
distribution of sample ballots, except the provisions of said laws relating
to primary elections in this state, shall have application to any election pro-
vided for in this act.
History: En. Sec. 3, Ch. 226, L. 1919; NOTE. — Wording of this section changed
re-en. Sec. 4394, R. C. M. 1921. to conform to section 16-501.
16-506. (4395) Measures to b€ taken after election — officers — effect of
adverse vote. (1) If, upon the canvass of the votes cast at such election,
it appears that fifty-eight per cent of the votes cast are "For the new county
of ," "Yes," the board of county commissioners shall,
by a resolution entered upon its minutes, declare such territory duly formed
122
COUNTIES 16-507
and created as a county of this state, of the class to which the same shall
belong, under the name of county, and that the city
or town receiving the highest number of votes cast at said election for
county seat shall be the county seat of said county until removed in the
manner provided by law, and designating and declaring the person receiv-
ing respectively the highest number of votes for the several offices to be
filled at said election, to be duly elected to such offices. Said board shall
forthwith cause a copy of its said resolution, duly certified, to be filed in the
office of the secretary of state, and ninety days from and after the date of
such filing said new county shall be deemed to be fully created, and the
organization thereof shall be deemed completed, and such officers shall be
entitled to enter immediately upon the duties of their respective offices upon
qualifying in accordance with law and giving bonds for the faithful per-
formance of their duties, as required by the laws of the state. The clerk
of the board of county commissioners with which said petition was filed, as
herein provided, must immediately make out and deliver to each of said
persons so declared and designated to be elected, a certificate of election
authenticated by his signature and the seal of said county. The persons
elected members of the board of county commissioners and the county clerk
shall immediately, upon receiving their certificates of election, assume the
duties of their respective offices.
(2) The board of county commissioners shall have authority to provide
a suitable place for the county officers, and to purchase such supplies as may
be deemed necessary for the proper conduct of the county government. All
other officers take office ninety days after the filing of the resolution herein
provided for with the secretary of state. All the officers elected at said
election, or appointed under this act, shall hold their offices until the time
provided by general law for the election and qualification of such officers
in this state, and until their successors are elected and qualified, and for the
purpose of determining the term of office of such officers, the years said
officers are to hold office are to be computed respectively from and in-
cluding the first Monday after the first day of January following the last
preceding general election. If, however, upon such canvass it appears that
more than forty-two per cent of the votes cast at said election are "For
the new county of ," "No," the board of county com-
missioners canvassing said vote as provided herein shall pass a resolution
in accordance therewith, and thereupon the proceedings relating to division
of such county or counties shall cease ; and no other proceedings in relation
to any other division of said old county or counties shall be instituted for at
least two years after such determination.
History: En. Sec. 4, Ch. 226, L. 1919;
re-en. Sec. 4395, R. C. M. 1921.
16-507. (4396) Officers of new county — judicial district. At the elec-
tion provided for in section 16-505 of this code, there shall be chosen such
county, tow^nship, and district officers as are now or may hereafter by gen-
eral law be provided for in counties of the class to which the said new county
is determined to belong, as herein provided ; provided, that all duly elected,
qualified and acting officers of the county or counties, who may reside
within the proposed new county, shall be deemed to be officers of said new
123
16-508 ELECTION LAWS
county if they file with the board of county commissioners, whose duty it
shall be to call the election, within five days after the final hearing and
determination of said petition for such proposed new county, their intention
to become officers of said proposed new county, and the board of
county commissioners issuing the proclamation of any election, as in this
act provided, shall omit providing for the election of any such officers as
may have filed their declaration as herein provided ; and provided, also,
that all duly elected, qualified, and acting justices of the peace and con-
stables residing within the proposed new county at the time of the division
of such county into townships, as hereinbefore in section 16-505 provided,
shall hold office as such justices of the peace or constables in said county
for the remainder of the term for which they were elected on qualifying as
justices of the peace or constables for the respective townships in which
they reside, when said townships are organized as provided in this act ;
provided, further, that all duly elected, qualified, and acting school trustees
residing within the proposed new county at the time of the division of such
county into school districts, as hereinbefore in section 16-505 provided, shall
hold office as school trustees in said new county for the remainder of the
term for which they were elected on qualifying as school trustees for the
respective districts in which they reside, as said districts are organized as
provided by this act. Each person elected or appointed to fill an office of
such new county under the provisions of this act shall qualify in the man-
ner provided by law for such officers, except as herein otherwise provided,
and shall enter upon the discharge of the duties of his office within such
time as herein provided, after the receipt of the certificate of his election.
Each of such officers may take the oath of office before any officers author-
ized by the laws of the state of Montana to administer oaths, and the bond
of any officer from which a bond is required shall be approved by any judge
of the district court of the district to which such new county is attached
for judicial purposes. The officers elected or appointed under the provisions
of this act shall each perform the duties and receive the compensation now
provided by general law for the office to which he has been appointed or
elected in the counties of the class to which such new county shall have been
determined to belong, as herein provided under the general classification of
counties in this state.
Said new county, when created and organized in pursuance of the pro-
visions of this act, shall be attached to such judicial district as may be desig-
nated by the governor of the state of Montana, in a proclamation to be
issued by him, designating such new county as attached to the particular
judicial district for judicial purposes.
History: En. Sec. 5, Ch. 226, L. 1919;
re-en. Sec. 4396, R. C. M. 1921.
16-508. (4396.1) State senator to be elected. At the special election
held for the purpose of voting on the creation of a new county, a state
senator shall be elected, who will hold office until the next general election.
History: En. Sec. 1, Ch. 106, L. 1925.
16-509. (4396.2) Board of county commissioners to be elected. At the
special election held for the purpose of voting on the question of the creation
124
COUNTIES 16-520
of a new county, a board of county commissioners shall be elected, who shall
hold office until the next general election.
History: En. Sec. 2, Ch. 106, L. 1925.
16-517. (4404) Publication by posting of notice. Whenever in this act
publication of any notice is provided for, and no newspaper of general cir-
culation is published within the territory in which said notice is required to
be published, notice shall be given by posting copies of such notices in at
least ten public places in such territories for the same length of time said
notice was required to be published.
History: En. Sec. 13, Ch. 226, L. 1919;
re-en. Sec. 4404, R. C. M. 1921.
16-518. (4405) State senator and member of house of new county. The
territory within the limits of any new county, until otherwise provided by
law, shall be entitled to representation in the state senate by one state
senator ; and to representation in the house of representatives by one member
of the house of representatives.
History: En. Sec. 14, Ch. 226, L. 1919;
re-en. Sec. 4405, R. C. M. 1921.
16-519. (4406) Misdemeanor and malfeasance in office. . Any member of
the board of county commissioners, or any other officer who unlawfully and
knowingly violates any of the provisions of this act, or fails or refuses to
perform any duty imposed upon him hereunder, shall be guilty of a
misdemeanor and of malfeasance in office, and shall be deprived of his office
by a decree of a court of competent jurisdiction, after trial and conviction.
History: En. Sec. 15, Ch. 226, L. 1919;
re-en. Sec. 4406, R. C. M. 1921.
16-520. (4407) Repealing and saving clause. All acts and parts of acts
in conflict herewith are hereby repealed, with the exception : This act shall
not apply in any cases whereby the election has been held under the act
passed by the fifteenth legislative session for the creation of counties and a
majority vote has been cast in favor thereof, but the provisions of this act
shall be deemed in full force and effect so far as they may affect any pro-
posed new county now in process of creation, unless said new county can
comply with the requirements of this act; and it is hereby made the duty
of the board of county commissioners which may have ordered any election
in pursuance of existing laws to immediately make an order annulling and
setting aside all further proceedings in relation to such proposed new
county, including an order to nullify and set aside any election order there-
tofore made ; provided, if any order is made nullifying and setting aside
any election as provided in this section, any bond which may have been
given in pursuance with the provisions of law relating to the costs of
election for the creation of any proposed new county shall be deemed void,
and no liability shall be incurred thereunder.
History: En. Sec. 16, Ch. 226, L. 1919;
re-en. Sec. 4407, R. C. M. 1921.
CHAPTER 8
GENERAL POWERS AND LIMITATIONS UPON COUNTIES
Section 16-807. Limit of indebtedness.
125
16-807 ELECTION LAWS
16-807. (4447) Limit of indebtedness. No county must become in-
debted in any manner or for any purpose to an amount, including existing
indebtedness, in the aggregate exceeding five per centum of the value of the
taxable property therein, to be ascertained by the last assessment for state
and county taxes previous to the incurring of such indebtedness, and all
bonds or obligations in excess of such amount given by or on behalf of such
county are void. No county must incur any indebtedness or liability for
any single purpose to an amount exceeding ten thousand dollars without
the approval of a majority of the electors thereof voting at an election to
be provided by law.
History: En. Sec. 4196, Pol. C. 1895;
re-en. Sec. 2876, Rev. C. 1907; re-en. Sec.
4447, R. C. M. 1921.
CHAPTER 10
GENERAL POWERS AND DUTIES OF COUNTY COMMISSIONERS
Section 16-1003. Elections, powers concerning.
16-1003. (4465.2) Elections, powers oonceming. The board of county
commissioners has jurisdiction and power under such limitations and re-
strictions as are prescribed by law;
To establish, abolish and change election precincts, and to appoint judges
of election, canvass all election returns, declare the result, and issue certifi-
cates thereof.
History: En. Subd. 3, Sec. 1, Ch. 100,
L. 1931.
CHAPTER 11
SPECIAL POWERS AND DUTIES OF COUNTY COMMISSIONERS
Section 16-1156. Board to provide appliances for holding elections and allow expenses.
16-1157. Issuance of certificates of election as board of canvassers.
16-1156. (4515) Board to provide appliances for holding elections and
allow expenses. The board of county commissioners must provide all poll-
lists, poll-books, blank returns and certificates, proclamations of elections,
and other appropriate and necessary appliances for holding all elections in
the county, and allow reasonable charges therefor, and for the transmission
and return of the same to the proper officers.
History: En. Sec. 4280, Pol. C. 1895;
re-en. Sec. 2939, Rev. 0. 1907; re-en. Sec.
4515, R. C. M. 1921. Oal. PoL C. Sec. 4064.
16-1157. (4516) Issuance of certificates of election as board of can-
vassers. Whenever, as canvassers, the board of county commissioners de-
clares the result of any election held in the county, certificates must be by
the clerk of the board issued to all persons elected to a county office or to a
township or district office therein, and such other certificates must be made
out and transmitted as required by the title relative to elections.
History: En. Sec. 4281, Pol. C. 1895;
re-en. Sec. 2940, Rev. C. 1907; re-en. Sec.
4516, R. C. M. 1921. Cal. Pol. C. Sec. 4065.
126
COUNTIES 16-1216
CHAPTER 12
COUNTY FEINTING— C0MMISSI0NEE8 TO CONTRACT FOR
Section 16-1201. County commissioners to contract for county printing.
16-1216. Election supplies and ballots.
16-1201. County commissioners to contract for county printing. It is
hereby made the duty of the county commissioners of the several counties of
the state of Montana to contract with some newspaper, printed and published
at least once a week, and of general bona fide and paid circulation with
second class mailing privilege, printed and published within the county, and
having been printed and published continuously in such county at least
twelve (12) months immediately preceding the awarding of such contract,
to do and perform all the printing for which said counties may be charge-
able, including all legal advertising required by law to be made, blanks,
blank books, election supplies, loose leaf forms, official publications, and all
other printed forms required for the use of such counties at not more than
the prices specified in sections 16-1202 to 16-1217 inclusive.
History: En. Sec. 1, Ch. 118, L. 1937;
amd. Sec. 1, Ch. 127, L. 1949; amd. Sec. 1,
Ch. 138, L. 1951.
16-1216. Election supplies and ballots.
Tally books for primary or general election, each $ 1.25
Tally books for judicial candidates, primary elections, each 50
Poll books for primary or general election, each 1.25
Envelopes for poll books, 10x15 inches, each 35
Envelopes for tally sheets, 10x15 inches, each 35
Envelopes for voted ballots, 15x18 inches, each 60
Envelopes for unused ballots, 15x18 inches, each 60
Envelopes for return of election books, 17x22 inches, each 60
Envelopes for precinct registers, 17x22 inches, each 60
Envelopes for election returns, 9^x4% inches, each 15
Envelopes for absent voter send out or return, 6^2x91/2 or 6x9 inches
200 14.40
Additional 100 4.00
Envelopes for absent voter return ballots to judges of election, 10x15
inches, each .35
Absent voter record sheets, size 11x21, fold-over 100 9.50
Additional 100 7.50
Official seals 6^/^x5 inches, printed on gummed paper 250 4.50
500 6.50
Certificates of election, with stub, size 11x17, check bound 50 9.00
100 12.75
Addl.
1000 1000
Precinct register sheets, 8^^x14, special ruled and printed both
sides, punched, grade 30, 20 sub. bond paper $45.00 $16.75
Precinct register sheets, 14x17, special ruled and printed, both
sides, punched, grade 30, 20 sub. bond paper 63.25 19.75
127
16-1907 ELECTION LAWS •
Covers for procinct rogistcr, 8^/^x14, 125 tajjboard, front and
back covpr printed and punched, per 'M) sets, or less 8.50
Each additional 10 sets 1.50
Covers for precinct register, 14x17, 125 tagboard, front and
back cover printed and punclied, per 30 sets, or less 10.50
Each additional 10 sets 1.90
Instructions to voters, 14x22 on 100 lb. tagboard 100 22.50
Additional 100 6.00
List of electors 8(i per name. This price includes printijig up
to 100 copies of each precinct list on grade 30, 20 lb. bond
paper.
BALLOTS
Addl.
1000 1000
Ballots, primary election, complete, including numbering, per-
forating, assembling, rotating and stitching per party $54.00 $39.50
Ballots for judicial candidates, complete, including number-
ing, perforating and rotating 18.00 10.75
Ballots, initiative and referendum, constitutional amendment,
complete, including perforating 12.50 7.20
Ballots, general election, complete, including numbering, per-
forating and rotating 78.00 39.50
Where constitutional amendments, initiative or referendum
measures appear on general election ballot, add 9.50 3.00
History: En. Sec. 16, Ch. 118, I*. 1937; Ch. 127, L. 1949; amd. Sec. 1, Ch. 138, L.
amd. Sec. 12. Oh. 250, L. 1947; amd. Sec. 1, 1951.
CHAPTER 19
COUNTY BUDGET SYSTEM
Section 16-1907. Emergency expenditures — notice and hearings — objections by tax-
payers— appeal — notice and hearing dispensed with in extreme
cases — emergency warrants — tax levy — lapse of appropriations.
16-1907. (4613.6) Emergency expenditures — notice and hearings — ob-
jections by taxpayers — appeal — notice and hearing dispensed with in ex-
treme cases — emergency warrants — tax levy — lapse of appropriations.
(1) In a public emergency, other than such as are hereinafter specifically
described, and which could not reasonably have been foreseen at the time
of making the budget, the board of county commissioners, by unanimous
vote of the members present at any meeting, the time and place of which
all the commissioners shall have had reasonable notice, shall adopt and
enter upon their minutes a resolution stating the facts constituting the
emergency and the estimated amount of money required to meet such
emergency and shall publish the same, together witli a notice that a public
hearing will be held thereon at the time and place designated therein, but
which shall not be less than one week after the date of said publication, at
which any taxpayer may appear and be heard for or against the expenditure
of money for such alleged emergency. Such resolution and notice shall be
published once in the official newspaper of the county, and if there be none
then in a newspaper of general circulation in the county.
128
COUNTIES 16-1907
(2) Upon the conclusion of such hearing, if the commissioners shall
approve of such emergency expenditure, they shall make and enter upon
their official minutes, by unanimous vote of all of the members of the board
present at such meeting, an order setting forth the facts constituting such
emergency together with the amount of expenditure authorized by them
therefor, which order, so entered, shall be lawful authorization for them
to expend such amount, but no more, for such purpose, subject however,
to the following limitations ; No expenditures shall be made or liability
incurred pursuant to said order until five (5) days, exclusive of the day of
entry of said order, shall have elapsed, during which time any taxpayer or
taxpayers of said county feeling aggrieved by said order may appeal there-
from to the district court for such county by filing with the clerk of such
court a verified petition, a copy of which shall theretofore have been
served upon the county clerk and recorder of said county as the clerk of
the board of county commissioners. Said petition shall set forth in detail
the objections of the petitioner or petitioners to said order, giving their
reasons why the said emergency does not exist. The service and filing of
such petition shall operate to suspend such emergency order and the
authority to make any expenditure or incur any liability thereunder, until
final determination of the matter by the court.
(3) Upon the filing of such petition the court shall immediately fix a
time for hearing such petition v/hich shall be at the earliest convenient time.
At such hearing the court shall hear the matter de novo and may take
such testimony as it deems necessary. Its proceedings shall be summary
and informal and its determination as to whether an emergency, such as is
contemplated within the meaning and provisions of this act, exists or not,
and whether the expenditure authorized by said order is excessive or not
shall be final.
(4) The total of all emergency budgets, and appropriations made there-
in, in any one year, to be paid from the county poor fund shall not exceed
the amount which would be produced by a mill levy equal to the difference
between the mills levied in that year and the maximum mill levy authorized
by law to be made for such fund, computed against the taxable value of the
property subject to such levy, as shown by the last completed assessment
roll of the county.
(5) Upon the happening of an emergency caused by fire, flood, explo-
sion, storm, earthquake, epidemic, riot, or insurrection, or for the immediate
preservation of order or of public health, or for the restoration of a condi-
tion of usefulness of which has been destroyed by accident, or for the relief
of a stricken community overtaken by calamity, or in settlement of approved
claims for personal injuries or property damages, exclusive of claims arising
from the operation of any public utility owned by the county, or to meet
mandatory expenditures required by law, the county commissioners may,
upon adoption by unanimous vote of ail members present at any meeting,
the time and place of which all members shall have had reasonable notice,
of a resolution stating the facts constituting the emergency, and entering
the same upon their minutes, make the expenditures or incur the liabilities
necessary to meet such emergency without further notice or hearing; pro-
vided, that the aggregate total of all expenditures made or liabilities in-
129
16-1907 ELECTION LAWS
curred in any fiscal year to meet emergencies other than such as are caused
by fire, flood, explosion, earthquake, epidemic, riot or insurrection, shall
not exceed the sum of twenty-five thousand dollars ($25,000.00) in counties
of classifications 1, 2, 3 and 4; fifteen thousand dollars ($15,000.00) in
counties of classifications 5 and 6, and seven thousand five hundred dollars
($7,500.00) in counties of classification 7 unless the excess above said sum
shall first have been authorized by a majority of the taxpaying freeholders
of such county, who are registered electors therein, voting at a general or
special election. The question of authorizing such excess expenditure shall
be submitted in the following form, inserting in the ballot the amount of
the excess proposed to be authorized and a description of the emergency
to be met:
"Shall the board of county commissioners of County,
Montana be authorized to make additional expenditures and incur additional
liabilities in the amount of $ over and above the sum of ,
to meet an emergency caused by
I
D
Yes
No."
Notice of such election shall be given by posting notice thereof at least
fifteen (15) days before such election in three (3) public places in each
voting precinct within the county and by publishing such notice for not
less than ten (10) days before the date of such election.
(6) All emergency expenditures shall be made by the issuance of
emergency warrants drawn against the fund or funds properly chargeable
with such expenditures, and the county treasurer is authorized and directed
to pay such emergency warrants with any money in such fund or funds
available for such purpose, and if, at any time, there shall not be sufficient
money available in such fund or funds to pay such warrants then such
warrants shall be registered, bear interest and be called in for payment in
the manner provided by law for other county warrants.
(7) The county clerk and recorder shall include in his annual tabulation
to be submitted to the board of county commissioners the total amount of
emergency warrants issued during the preceding fiscal year, and the
county commissioners shall include in their tax levies a levy for each fund
sufficient to raise an amount equal to the total amount of such warrants,
if there be any, remaining unpaid at the close of such preceding fiscal year
because of insufficient money in such fund to pay the same ; provided,
however, that no levy shall be made for any fund in excess of the levy
authorized by law to be made therefor ; and provided further, that the board
of county commissioners may submit the question of funding such emer-
gency warrants at any election, as provided by law, and if at any such
election the issuing of such funding bonds be authorized it shall not then
be necessary for any levy to be made for the purpose of paying such
emergency warrants.
(8) All appropriations, other than appropriations for incompleted im-
provements in progress of construction, shall lapse at the end of the fiscal
130
COUNTIES 16-2022
year ; provided that the appropriation aeeoiuits shall remain open for a
period of thirty (30) days thereafter for the payment of claims incurred
against such appropriations prior to the close of the fiscal year and remain-
ing unpaid. ^Vfter such period shall have expired, all appropriations except
as hereinbefore provided, regarding incompleted improvements, shall be-
come null and void, and any lawful claim presented thereafter against
any such appropriation shall be provided for in the next ensuing budget.
ffistory: En. Sec. 6, Ch. 148, L. 1929; Ch. 159, L. 1953; amd. Sec. 1, Ch. 148, L.
amd. Sec. 2, Ch, 170, L. 1943; amd. Sec. 1, 1955.
CHAPTER 20
COUNTY FINANCE— BONDS AND WAERANTS
Section 16-2021, Petition and election required for bonds issued for other purposes.
16-2022, Form, contents and proof of petition,
16-2023, Consideration of petition — calling election,
16-2024. Notice of election — election hours — election officers,
16-2025, Form of ballots and conduct of election.
16-2026. Who are entitled to vote.
16-2027, Percentage of electors required to authorize bond issue.
16-2028. Canvass of election returns — resolution for bond issue,
16-2021. (4630,7) Petition and election required for bonds issued for
other purposes. County bonds for any other purpose than those enumerated
in section 16-2013 shall not be issued unless authorized at a duly called
special or general election at which the question of issuing such bonds was
submitted to the qualified electors of the county and approved, as provided
in section 16-2027 ; and no such bond election shall be called unless there has
been presented to the board of county commissioners a petition, asking that
such election be held and such question be submitted, signed by not less than
twenty per centum (20%) of the qualified electors of the county, who are
taxpayers upon property within the county and whose names appear on
the last completed assessment roll for state and county taxes.
History: En, Sec, 7, Ch. 188, L, 1931,
16-2022. (4630.8) Form, contents and proof of petition. Every petition
for the calling of an election to vote upon the question of issuing county
bonds shall plainly and clearly state the purpose or purposes for which the
proposed bonds are to be issued, and shall contain an estimate of the amount
necessary to be issued for such purpose or purposes. There may be a sep-
arate petition for each purpose, dr two (2) or more purposes may be com-
bined in one (1) petition if each purpose, with an estimate of the amount
of bonds necessary to be issued therefor, is separately stated in such peti-
tion. Such petition may consist of one (1) sheet, or of several sheets
identical in form and fastened together after being circulated and signed
so as to form a single complete petition before being delivered to the
county clerk as hereinafter provided. The petition shall give the postofifice
address and voting precinct of each person signing the same.
Only persons who are qualified to sign such petitions shall be qualified
to circulate the same, and there shall be attached to the completed petition
the affidavit of some person who circulated, or assisted in circulating such
petition, that he believes the signatures thereon are genuine and that the
131
16-2023 ELECTION LAWS
signers knew tlie contents thereof before signing- the same. The completed
petition shall he filed ^vith the county clerk Avho shall, within fifteen (15)
days thereafter, carefully examine the same and the county records show-
ing the (jualilications of the petitioners, and attach thereto a certificate
under his official signature and the seal of his office, which certificate shall
set forth :
(1) The total number of persons who are registered electors and whose
names appear upon the last completed assessment roll for state and county
taxes.
(2) Which and how many of the persons whose names are subscribed
to such petition are possessed of all of the qualifications required of signers
to such petition.
(3) Whether such qualified signers constitute more or less than twenty
per centum (20%) of the registered electors whose names appear upon the
last completed assessment roll for state and county taxes.
History: En. Sec. 8, Ch. 188, L. 1931.
16-2023. (4630.9) Consideration of petition — calling election. When
such petition has been filed with the county clerk and he has found that
it has a sufficient number of signers, qualified to sign the same, he shall place
the same before the board of county commissioners at its first meeting held
after he has attached his certificate thereto. The board shall thereupon
carefully examine the petition and make such other investigation as it may
deem necessary.
If it is found that the petition is in proper form, bears the requisite
number of signers of qualified petitioners, and is in all other respects suf-
ficient, the board shall pass and adopt a resolution which shall recite the
essential facts in regard to the petition and its filing and. presentation, the
purpose, or purposes, for which the bonds are proposed to be issued, and
fix the exact amount of bonds proposed to be issued for each purpose, which
amount may be less than but must not exceed the amount set forth in the
petition, determine the number of years through which such bonds are -to
be paid, not exceeding the limitations fixed in section 16-2011, and making
provision for having such question submitted to the qualified electors of the
county at the next general election, or at a special election which the board
may call for such purpose.
History: En. Sec. 9, Ch. 188, L. 1931.
16-2024. (4630.10) Notice of election — election hours — election oflScers.
Whether such election is held at the general election, or at a special election,
separate notice shall be given thereof. Such notice shall state the date when
such election will be held, the hours between which the polls will be open, the
amount of bonds proposed to be issued, the purpose of the issue, the term
of years through which the bonds are to be paid, and such other informa-
tion regarding the holding of the election and the bonds proposed to be
issued as the board may deem proper. If bonds are to be issued for two
(2) or more purposes, each purpose and the amount therefor must be separ-
ately stated. Such notice shall be posted in each voting precinct throughout
the county in the same manner as notices for a general election are required
to be posted. Such notice must also be published once each week for four
132
COUNTIES 16-2027
(4) euiibecutive weeks preceding the election in the official newspaper of
the county.
If the question of issuing bonds is submitted at a special election called
for such purpose the board of county commissioners shall tix the hours
through which tiie polls are to be kept open, which shall be not less than
eight (8), and which must be stated in the notice of election, and may
appoint a smaller number of election judges than is required for a general
election, but in no case shall there be less than three (3) judges in the pre-
cinct, and such judges shall act as their own clerks.
If the question of issuing bonds is submitted at a general election, the
polls shall be kept open during the same hours as are fixed for such general
election and the judges and clerks for such general election shall act aS
the judges and clerks for such bond election.
History: En. Sec. 10, Ch. 188, L. 1931.
16-2025. (4630.11) Form of ballots and conduct of election. The form
of ballots shall be as prescribed by section 16-2306 ; but if bonds are sought
to be issued for two (2) or more separate purposes, then separate ballots
must be provided for each purpose. The election shall be conducted in the
manner prescribed by said section 16-2306, and the general election laws of
the state shall govern insofar as they are applicable ; but if such question be
submitted at a general election the votes thereon must be counted separately
and separate returns must be made by the judges and clerks at such election.
History: En. Sec. 11, Ch. 188, L. 1931.
16-2026. (4630.12) Who are entitled to vote. In all county bond elec-
tions hereafter held only qualified registered electors residing within the
county, who are taxpaj'ers upon property therein and whose names appear
upon the last completed assessment roll for state, county and school district
taxes, shall have the right to vote. Upon the adoption of the resolution
calling for the election, the county clerk must cause to be published in the
official newspaper of the county a notice, signed by him, stating that regis-
tration for such bond election will close at noon on the fifteenth day prior
to the date for holding such election and at that time the registration books
shall be closed for such election. Such notice must be published at least
ten (10) days prior to the day when such registration books will be closed.
After the closing of the registration books for such election the county
clerk shall promptly prepare lists of the registered electors of such voting
precinct, who are taxpayers upon property within the county and whose
names appear on the last completed assessment roll for state, county and
school district taxes, and who are entitled to vote at such election, and
shall prepare precinct registers for such election, as provided in section
23-515, and deliver the same to the judges of election prior to the opening
of the polls. It shall not be necessary to publish or post such list of qualified
electors.
History: En. Sec. 12, Ch. 188, L. 1931;
amd. Sec. 1, Ch. 138, L. 1939; amd. Sec.
18, Ch. 64, L. 1959.
16-2027. (4630.13) Percentage of electors required to authorize bond
issue. Whenever the question of issuing county bonds for any purpose is
submitted to the qualified electors of a county, at either a general or special
election, not less than forty per centum (40%) of the qualified electors en-
133
16-2028 ELECTION LAWS
titled to vote on such question must vote thereon, otherwise such propo-
sition shall be deemed to have been rejected; provided, however, that if
forty per centum (40%), or more of such qualified electors do vote on such
question, at such election, and a majority of such votes shall be cast in
favor of such proposition, then such proposition shall be deemed to have
been approved and adopted.
History: En. Sec. 13, Cli. 188, L. 1931.
16-2028. (4630.14) Canvass of election returns — resolution for bond
issue. If the bonding election be held at the same time as a general election,
then the returns shall be canvassed at the same time as the returns from
such general election ; but if the bonding election is a special election, then
the board of county commissioners shall meet within ten (10) days after the
date of holding such special election and canvass the returns. If it is found
that at such election forty per centum (40%) or more, of the qualified elec-
tors entitled to vote at such election voted on such question, and that a
majority of such votes were cast in favor of the issuing of such bonds, the
board of county commissioners shall, at a regular or special meeting held
within thirty (30) days thereafter, pass and adopt a resolution providing for
the issuance of such bonds. Such resolution shall recite the purpose for
which such bonds are to be issued, the amount thereof, the maximum rate
of interest the bonds may bear, the date they shall bear, the period of time
through which they shall be payable, the optional provisions, if any; and
provide for the manner of the execution of the same. It shall provide that
preference shall be given amortization bonds but shall fix the denomination
of serial bonds in case it shall be found advantageous to issue bonds in that
form, and shall adopt a form of notice of the sale of the bonds.
The board may, in its discretion, provide that such bonds may be issued
and sold in two or more series or installments.
History: En. Sec. 14, Ch. 188, L. 1931.
CHAPTER 22
TAX LEVY FOR EOAD AND BRIDGE CONSTRUCTION
Section 16-2201. Increased tax levy for road and bridge construction,
16-2202. Submission of question to electors.
16-2203. Majority vote required.
16-2204. Collection of tax.
16-2201. (4713) Increased tax levy for road and bridg-e constructian.
The board of county commissioners may, in their discretion, for the purpose
of constructing roads and bridges, make an increased levy upon the taxable
property of the county of ten mills or less ; provided, that such proportion
of the funds derived under the provision of this act as are expended on
state and main highways shall be expended under plans approved by the
state highway commission.
History: En, Sec. 1, Ch. 160, L. 1919;
re-en. Sec. 4713, E. C, M. 1921.
16-2202. (4714) Submission of question to electors. Before such in-
creased levy shall be made, the question shall be submitted to a vote of the
134
COUNTIES 16-2302
people at some general or special election, and shall be submitted in the
following form, inserting the number of mills proposed to be levied:
"Shall there be an increased levy of mills upon the tax-
able property of the county of , state of Montana, for the
purpose of constructing roads and bridges?
History: En. Sec. 2, Ch. 160, L. 1919;
re-en. Sec. 4714, R. C. M. 1921.
16-2203. (4715) Majority vote required. A majority of the votes cast
shall be necessary to adopt such measure.
History: En. Sec. 3, Ch. 160, L. 1919;
re-en. Sec. 4715, R. C. M. 1921.
16-2204. (4716) Collection of tax. Such levy shall be collected in the
same manner as other road taxes are collected.
History: En. Sec. 4, Ch. 160, L. 1919;
re-en. Sec. 4716, R. C. M. 1921.
CHAPTER 23
VOTE NECESSARY ON PROPOSAL TO RAISE MONEY
Section 16-2301. Commissioners not to borrow money except as herein provided.
16-2302. Commissioners to determine amount necessary.
16-2303. Notice of election to be given.
16-2304. Ballots — what to contain.
16-2305. When loan may be made.
16-2306. Form of ballots— voting.
16-2301. (4717) Commissioners not to borrow money except as herein
provided. The board of county commissioners must not borrow money for
any of the purposes mentioned in this title, or for any single purpose to an
amount exceeding ten thousand dollars, without the approval of a majority
of the electors of the county, and without first having submitted the ques-
tion of a loan to a vote of such electors; provided, that it shall not be
necessary to submit to the electors the question of borrowing money to
refund outstanding bonds, or for the purpose of enabling any county to
liquidate its indebtedness to another county incident to the creation of a
new county or the change of any county boundary lines.
History: En. Sec. 4270, Pol. C. 1895; 1, Ch. 92, L. 1919; re-en. Sec. 4717, R. C.
re-en. Sec. 2933, Rev. C. 1907; amd. Sec. M. 1921.
16-2302. (4718) Commissioners to determine amount necessary. When-
ever it is necessary to submit to a vote of the electors of the county the
question of making a loan, the board must first determine the amount
necessary to be raised.
History: En. Sec. 4271, Pol. C. 1895;
re-en. Sec 2934, Rev. C. 1907; re-en. Sec.
4718, R. C. M. 1921.
135
16-2303 ELECTION LAWS
16-2303. (4719) Notice of election to be given. Notice of the election,
clearly stating the amount to be raised and the object of the loan, must be
given, and the election held and conducted, and the returns made in all
respects in the manner prescribed by law in regard to the submission of ques-
tions to the electors of a locality under the general election law.
History: En. Sec. 4272, Pol. C. 1895;
re-en. Sec. 2935, Rev. C. 1907; re-en. Sec.
4719, R. C. M. 1921.
16-2304. (4720) Ballots— what to contain. There must be written or
printed on the ballots the words "For the loan" and "Against the loan," and
in voting the elector must vote for the proposition he prefers by making an
X opposite the proposition.
History: En. Sec. 4273, Pol. C. 1895;
re-en. Sec. 2936, Rev. C. 1907; re-en. Sec.
4720, R. C. M. 1921.
16-2305. (4721) When loan may be made. If a majority of the votes
cast are in favor of the loan, then the board may make the loan, issuing
bonds, or otherwise, as may seem best for the interests of the county.
History: En. Sec. 4274, Pol. C. 1895;
re-en. Sec. 2937, Rev. C. 1907; re-en. Sec.
4721, R. C. M. 1921.
16-2306. (4722) Form of ballots — voting. Hereafter whenever, in due
«ourse of law, in the manner and form required by law and according to the
provisions and requirements of law, any question or proposition of or
relating to bonded indebtedness, or of issuing bonds or of refunding, in-
creasing, or creating a bonded indebtedness is submitted, ordered submitted,
or to be submitted to the electors of any county, at a general or other
election, when, at the same time, candidates for national, state, or county
office or offices are to be voted upon or for by the qualified electors of
such county, such question or proposition relating to bonds or bonded
indebtedness shall not be placed or printed upon the official ballots fur-
nished electors at such election for the purpose of voting for candidates
for any office or offices, and containing the names of candidates for office
or offices to be voted for at such election, but the county commissioners
shall authorize, and the county clerk shall have printed and furnished to
election judges and officials in each voting precinct of such county, separate
ballots therefor, equal in number to the official ballots so furnished, and
containing the names of such candidates for office. Said separate ballots
shall be white in color and of convenient size, being only large enough to
coniain the printing herein required to be done and placed thereon, and
shall have printed thereon in fair-sized, legible type and black ink, in
one line or more, as required, the words "For" said bonding proposition
(stating it and the terms thereof explicitly and at length), and there-
under the words "Against" said bonding proposition (stating it and the
terms thereof explicitly and at length in like manner, as above) ; and
there shall be before the word "For" and before the word "Against,"
each, a square space of sufficient size to place a plain cross or X therein,
and such arrangement shall be in this manner:
136
COUNTIES 16-2403
n
For (stating propositions.)
D
Against (stating propositions.)
Such separate ballots shall be kept, stamped, given out, received,
counted, returned, and disposed of by election judges in like manner as
other official ballots herein referred to. Each qualified elector offering to
vote and permitted to vote shall, at the time he is offered by the election
judges an official ballot bearing the names of candidates for office, be
handed one of the separate ballots above described, and he may then and
there, in a booth as provided by law, and not otherwise, vote on such
separate ballot for or against said proposition by placing a cross or X
before the word "For" or the word "Against," in the vacant square
provided therefor; and such separate ballot shall be returned to the
election judges by the voter, with said other official ballot, if the voter
chooses to vote for candidates for office and is entitled to do so. The
election judges shall deposit said separate ballot on the bonding propo-
sition, separate from the voter's other official ballot, in the ballot-box.
History: En. Sec. 1, p. 13, L. 1901;
re-en. Sec. 2938, Rev. C. 1907; re-en. Sec.
4722, R. C. M. 1921.
CHAPTER 24
COUNTY OFFICERS— QUALIFICATIONS— GENEEAL PROVISIONS
Section 16-2401. General qualifications for county office.
16-2402. Same for district and township offices.
16-2403. County officers enumerated.
16-2404. Township officers.
16-2406. County and other officers, when elected and term of office.
16-2407. Election and terms of county commissioners.
16-2408. District judges and justices of the peace — election and term of office.
16-2401. (4723) General qualifications for county oflBice. No person is
eligible to a county office who at the time of his election is not of the age of
twenty-one years, a citizen of the state, and an elector of the county in
which the duties of the office are to be exercised, or for which he is elected.
History: En. Sec. 4310, Pol. C. 1895;
re-en. Sec. 2955, Rev. C. 1907; re-en. Sec.
4723, R. C. M. 1921. Cal. Pol. C. Sec. 41,01.
16-2402. (4724) Same for district and township offices. No person is
eligible to a district or township office who is not of the age of twenty-one
years, a citizen of the state, and an elector of the district or township in
which the duties of the office are to be exercised, or for which he is elected.
History: En, Sec. 4311, Pol. C. 1895;
r©-en. Sec. 2956, Rev. C. 1907; re-en. Sec.
4724, R. C. M. 1921. Cal. Pol. C. Sec. 4102.
16-2403. (4725) County officers enumerated. The officers of a county
are:
A treasurer;
A county clerk ;
137
16-2404 ELECTION LAWS
A clerk of the district court; /
A sheriff;
A county auditor, except in the sixth, seventh, and eighth class counties ;
A county attorney;
A surveyor;
A coroner;
A public administrator;
An assessor;
A county superintendent of common schools ;
A board of county commissioners.
History: En. Sec. 4312, Pol. C. 1895; Ch. 112, L. 1913; re-en. Sec. 4725, R. C. M.
re-en. Sec. 2957, Rev. C. 1907; amd. Sec. 1, 1921. Cal. Pol. C. Sec. 4103.
16-2404. (4726) Township officers. The officers of townships are two
justices of the peace, two constables, and such other inferior and subordinate
officers as are provided for elsewhere in this code, or by the board of county
commissioners.
History: En. Sec. 4313, PoL O. 1895;
re-en. Sec. 2958, Rev. C. 1907; re-en. Sec.
4726, R. C. M. 1921. Cal. Pol. C. Sec. 4104.
16-2406. (4728) County ajid other officers, when elected and term of
office. There shall be elected in each county the following county officers
who shall possess the qualifications for sufferage prescribed by the constitu-
tion of the state of Montana, and such other qualifications as may be pre-
scribed by law:
One county clerk who shall be clerk of the board of county commissioners
and ex officio recorder; one sheriff; one treasurer, who shall be collector of
the taxes; provided, that the county treasurer shall not be eligible to his
office for the succeeding term ; one county superintendent of schools ; one
county surveyor; one assessor; one coroner; one public administrator.
Persons elected to the different offices named in this section shall hold their
respective offices for the term of four (4) years, and until their successors
are elected and qualified.
The county attorneys, county auditors, and all elective township officers,
must be elected at each general election as now provided by law. The
officers mentioned in this act must take office on the first Monday of January
next succeeding their election, except the county treasurer, whose term
begins on the first Monday of March next succeeding his election.
Vacancies in all county, township and precinct offices, except that of
county commissioners, shall be filled by appointment by the board of county
commissioners, and the appointee shall hold his office until the next general
election ; provided, however, that the board of county commissioners of any
county may, in its discretion, consolidate any two or more of the within
named offices and combine the powers and the duties of the said offices con-
solidated ; however, the provisions hereof shall not be construed as allowing
one (1) office incumbent to be entitled to the salaries and emoluments of
two (2) or more offices; provided, further, that in consolidating county
offices, the board of county commissioners shall, six (6) months prior to
the general election held for the purpose of electing the aforesaid officers,
make and enter an order, combining any two (2) or more of the within
138
COUNTIES 16-3902
iiami'd offices, and shall cause the said order to be published in a newspaper,
published and circulated generally in said county, for a period of six (6)
weeks next following the date of entry of said order.
History: En. Sec. 4315, Pol. C. 1895; 4728, R. C. M. 1921; arad. Sec. 1, Ch. 131,
re-en. Sec. 2960, Rev. C. 1907; re-en. Sec. L. 1939. Cal. Pol. C. Sec. 4109.
16-2407. (4729) Election and terms of county commissioners. The elec-
tion and terms of office of county commissioners are provided for in the
constitution.
History: En. Sec. 4316, Pol. C. 1895;
re-en. Sec. 2961, Rev. C. 1907; re-en. Sec.
4729, R. C. M. 1921.
16-2408. (4730) District judges and justices of the peace — election and
term of office. The election and terms of office of district judges and jus-
tices of the peace are provided for in title 93 of this code.
History: En. Sec. 4317, Pol. C. 1895;
re-en. Sec. 2962, Rev. C. 1907; re-en. Sec.
4730, R. C. M. 1921. Cal. Pol. C. Sec. 4110.
CHAPTER 39
COUNTY MANAGER FORM OF GOVERNMENT
Section 16-3901. County manager plan of government may be adopted.
16-3902. Method of adoption.
16-3923. The recall of county commissioners.
16-3901. (4954.1) County manager plan of government may be adopted.
Anj^ county in the state is hereby authorized to adopt a county manager form
of government as herein defined, and in accordance with the procedure
herein specified.
History: En. Sec. 1, Ch. 109, L. 1931.
16-3902. (4954.2) Method of adoption, (a) Upon a petition filed with
the board of county commissioners signed by not less than 20 per cent of
the whole number of voters who voted at the last general election asking
that a referendum be held on the question of adopting the county manager
form of government, it shall be the duty of the board of county commis-
sioners to submit the question at the next regular election or call a special
election for the purpose. If a special election is called it shall be held not
more than ninety days nor less than sixty days from the filing of the peti-
tion, but not within thirty days of any general election. The question sub-
mitted shall be worded: "Shall the county manager form of government be
adopted in county f '
(b) It shall be the duty of the board of county commissioners to publish
a notice of the referendum in a daily paper twice a week for a period of
three consecutive weeks, or in case there is no dail}' paper of Avide circula-
tion in the county, then in a weekly paper for four consecutive weeks.
(c) If a majority of the votes cast on the question at the election shall
be in favor of the county manager form of government it shall go into
effect at a date designated in the petition or resolution. Provided : That
no elected official then in office, whose position will no longer be filled
by popular election, shall be retired prior to the expiration of his term of
139
16-3923 ELECTION LAWS
office, but that from and after tlie establishment of such form of govern-
ment, liis duties shall be such duties as ai-e assigned to him by the county
manager.
History: En. Sec. 2, Ch. 109, L. 1931;
amd. Sec. 1, Ch. 56, L. 1933.
16-3923. (4954.23) The recall of county commissioners. (1) One or
more county commissioners may be removed by the electors qualified to vote
for a successor of such incumbent. A petition of fifty-one per cent of all
qualified electors registered for the last general election, demanding the
election of a successor to the person sought to be removed, shall be filed with
the director of finance of the county, which petition shall contain a general
statement of the grounds for which the removal is sought. The signatures
to the petition need not be appended to one paper, but each signer shall
add to his signature, his place of residence ; one of the signers shall make
oath before an officer, competent to administer oaths, that the statements
therein are true, as he believes and that each signature to the paper ap-
pended is the genuine signature of the person it purports to be.
(2) On the filing of a sufficient petition, the director of finance shall
order and fix a date for holding said election, not less than seventy days nor
more than eighty days from the date of filing of such petition. The director
of finance shall cause to be made publication of notice and all arrangements
for holding of such election and the same shall be conducted and returned
and the results thereof declared, in all respects and in the same manner as
any other election. Nominations hereunder shall be made by filing with the
director of finance, at least thirty days prior to such special election, a
statement of candidacy, accompanied by a petition signed by electors en-
titled to vote at such special election, equal in number to at least ten per
cent of the entire number of persons registered to vote at the last preceding
general election.
(3) The ballot for such special election shall be in substantially the
following form:
"OFFICIAL BALLOT
Special election for the balance of the unexpired term of
for
(Vote for one only)
(Name of candidate)
(Name of present incumbent)
(Official ballot attest)
Signature
Director of finance."
The successor of any officer so removed shall hold office during the un-
expired term of his predecessor.
(4) Any person sought to be removed may be a candidate to succeed
himself and unless he requests otherwise in writing, the director of finance
shall place his name on the official ballot without nomination. In case of
any such removal election, the candidate or candidates receiving the highest
number of votes shall be declared elected. If the incumbent is not re-elected,
he thereupon shall be deemed removed from the office, upon the qualification
of his successor. If the incumbent receives the highest number of votes, or in
140
COUNTIES 16-4002
ease of a removal election for more tlian one commissioner, he or they
receiving a sufficient number of votes so that his or their vote is the highest
number for said office or offices of commissioner, he or they shall continue in
office. Tlie said method of removal shall be cumulative and additional to
the methods herein provided by law.
History: En. Sec. 7, Ch. 56, L. 1933.
CHAPTER 40
ABANDONMENT OF COUNTIES
Section lG-4001. Abandonment of counties — how.
16-4002. Petition for abandonment of counties — procedure thereon.
16-4003. County commissioners to order election — notice — publication.
16-4004. Commissioners to determine sufficiency of petition — form of resolution.
16-4005. Governor to call special election — proclamation.
16-4006. County commissioners to proclaim election — question submitted.
16-4007. Question to be submitted.
16-4008. Commissioners to canvass returns — governor to proclaim result.
16-4009. Kesult of election determines abandonment.
16-4001. Abandonment of counties — how. The organization and corpo-
rate existence of any county organized under the laws of this state may be
abandoned and abolished and the territory within its boundaries attached
to and made a part of some adjoining county in the manner provided by
this act.
ffistory: En. Sec. 1, Ch. 105, L. 1937.
16-4002. Petition for abandonment of counties — procedure thereon.
(1) A petition may be filed with the county clerk of a county, asking that
the question of abandoning and abolishing the organization and corporate
existence of such county and attaching its territory to and making the same
a part of some adjoining county, be submitted to the qualified electors of
such county at an election. Such petition shall state the name of the adjoin-
ing county to which the territory of such county, so to be abandoned and
abolished, shall be attached and made a part ; such petition shall be signed
by not less than thirty-five per centum (35%) of the qualified electors of
the county whose names appear upon the registration records of such county,
shall contain the post office address and voting precinct of each person sign-
ing the same, and shall state the name and address of three persons to
whom notice of the insufficiency of the petition shall be sent in the event
that the petition shall not have the required number of signatures of qualified
electors signed thereto.
(2) It shall be the duty of the county clerk, within thirty days after
the filing of such petition to examine the same, to ascertain and determine
from the registration records of the county whether such petition is signed
by the required number of qualified electors. Such clerk may be authorized
by the board of county commissioners to employ additional help in his office
to assist him in the work of examining such petition and such board shall
provide for their compensation. When such examination is completed said
clerk shall forthwith attach to such petition his certificate, properly dated
and signed, showing the result of his examination, and if said certificate
shows that said petition is signed by the required number of qualified elec-
141
16-4003 ELECTION LAWS
tors, said clerk shall immediately present said petition to the board of county
commissioners, if such board be then in session, otherwise at its first regular
meeting after the date of such certificate. No person, after signing any such
petition shall be allowed or permitted to withdraw his signature or name
therefrom.
History: En. Sec. 2, Ch. 105, L. 1937.
16-4003. County commissioners to order election — ^notice — publication.
(1) Whenever any such petition is presented to the board of county com-
missioners of a county with a certificate of the county clerk attached there-
to, showing that said petition has been signed by not less than thirty-five per
centum (35%) of the qualified electors of such county whose names appear
upon the registration records of said county, as provided in section 16-4002,
said board of county commissioners shall immediately upon presentation of
such petition, make and enter an order in its minutes fixing a day for con-
sidering and taking final action on said petition, which shall be not less
than thirty (30) nor more than thirty-five (35) days after the date when said
order is made, and shall cause a notice to be published in the official news-
paper of the county to the effect that such petition has been presented to
such board asking for the abandonment and abolishment of the county and
that said board will meet at the time specified in said order for considering
and taking final action on said petition, at which time any and all registered
electors of the county interested therein may appear and be heard thereon.
Such notice shall be published once a week for two (2) successive weeks im-
mediately following the making of such order.
(2) At any time prior to five (5) days before the date fixed for con-
sideration and final action on such petition fifty per centum (50%) of the
registered electors residing within a particular part or portion of such
county, may file with the county clerk of such county a petition in writing
signed by them praying that the part or portion of such county within
which such petitioners reside shall not be attached to the county designated
in the petition for abandonment but shall be attached to some other adjoining
county, which petition shall definitely, particularly and accurately describe
the boundaries of such part or portion of said county which said petitioners
desire to be attached to such other adjoining county and shall specify and
name such other adjoining county to which such part or portion is to be
attached if said county is abandoned and abolished.
(3) Whenever any such petition is filed the county clerk shall im-
mediately examine the same and determine from the registration records of
the county whether such petition has been signed by the required number of
registered electors and shall attach thereto his certificate showing the total
number of registered electors residing within the boundaries described in
said petition and the number thereof whose names appear on said petition,
and shall deliver such petition with such certificate attached, to the board
of county commissioners when such board meets to consider and take final
action on such petition for abandonment, separate and independent petitions
may be filed by registered electors residing within the boundaries of sep-
arate and distinct and different parts or portions of such county, praying
that the territory embraced within the boundaries described therein may be
142
COUNTIES 16-4004
attached to and become parts of the same, or different adjoining counties,
other than the county named and designated in the petition for abandon-
ment, if said county is abandoned. No person after signing any such peti-
tion shall be allowed or permitted to withdraw his signature or name there-
from.
History: En. Sec. 3, Ch. 105, L. 1937.
16-4004. Commissioners to determine suflQciency of petition — form of
resolution. On the day fixed by the board for consideration and final action
on such petition for abandonment the board shall meet and examine and
consider all petitions which may have been filed praying that particular
parts or portions of said county, if abandoned, be attached to an adjoining
county or counties, other than the county named in such petition for aban-
donment, and shall determine the sufiiciency of each such petition filed, and
shall enter its findings with regard thereto in its minutes, and said board
shall thereupon adopt a resolution, which shall be in writing and also entered
in full in its minutes, and which shall be in substantially the following form :
Whereas, there has been filed with the clerk of (name) county, Montana,
a petition asking that the organization and corporate existence of said county
be abandoned and abolished and its territory attached to and made a part
of an adjoining county, to wit, the county of (name) Montana;
And whereas, said petition has been presented to the board of county
commissioners of (name) county, with a certificate of the clerk of said
county attached thereto showing that said petition has been signed by not
less than thirty-five per centum (35%) of the registered electors of said
county ;
(If any petition for attaching any part or portion of the county, in case
of abandonment to an adjoining county or counties, other than the county
named in the petition for abandonment, and found to have been signed by
the required number of registered electors, insert the following for each
petition)
And whereas, there has been filed a petition signed by not less than fifty
per centum (50%) of the registered electors residing within that part or
portion of said county described as (give description as contained in peti-
tion) praying that the part or portion of said county within such bound-
aries be attached to and made a part of the county of (name of county given
in petition) if said county be abandoned;
Now therefore be it resolved, that if said (name) county shall be aban-
doned and abolished the territory embraced within its boundaries shall
be attached to and become part of the following. (If all to be attached to
one adjoining county so state, but if parts or portions to any other county
or counties, then describe the part or portion to go to each adjoining county
as well as to the county named in the petition for abandonment.)
And be it further resolved, that the county clerk of (name) county, Mon-
tana, make copies of this resolution, each with a copy of said petition for
abandonment, with the signatures omitted therefrom (and copies of petitions
for attaching parts or portions of said county to adjoining county or coun-
ties, other than the county named in the petition for abandonment, if any
were filed and found sufficient, with signatures omitted) and certify to the
same and affix the seal of the county thereto, and transmit one of said
143
16-4005 ELECTION LAWS
copies to the governor of the state of Montana, and one of said copies to the
clerk of each county to which any part of said county is to be attached, if
abandoned.
Said resolution must be signed by the members of the board of county
commissioners and the county clerk must, within five (5) days thereafter,
make the certified copies of said resolution, with copy of petition or petitions
attached, and transmit one copy to the governor of the state of Montana and
one copy to the county clerk of each county to which any part or portion of
said county is to be attached, if abandoned.
History: En. Sec. 4, Ch. 105, L. 1937.
16-4005. Governor to call special election — proclamation. Upon receipt
of a certified copy of the resolution provided for in section 16-4004,
the governor shall, within ten days thereafter, issue his proclamation call-
ing a special election in the county in which the petition referred to
in said resolution was filed, and in each county designated in such resolu-
tion as a county to which any of the territory of such county, if abandoned
and abolished, shall be attached and made a part, at which election there
shall be submitted to the qualified electors of the county in which such peti-
tion was filed the question of whether or not such county shall be abandoned
and abolished and its territory attached to and made a part of the county
designated and named for such purpose in said petition, and at which elec-
tion there shall be submitted to the qualified electors of each county named
and designated in such resolution as a county to which a part of the territory
of the county, proposed to be abandoned and abolished, shall be attached and
made a part, if such county shall be so abandoned and abolished, the ques-
tion of whether or not such part of the territory of such count}^, if abandoned
and abolished, described in such resolution, shall be attached to and become
a part of such count3^ Such proclamation shall fix a day for holding such
election in such counties, which shall be not less than ninety days nor more
than one hundred and twenty days after the date of the date of the gover-
nor's proclamation calling the same ; provided that if a general election will
be held in said counties within one hundred and twenty days after the date
of such proclamation, the governor, in such proclamation, shall direct that
such question be submitted to the qualified electors of said counties at such
general election. Such proclamation shall be filed in the office of the secre-
tary of state and copies thereof shall be transmitted by the governor to the
county clerk of each of the counties in which such election is to be held.
History: En. Sec. 5, Ch. 105, L. 1937.
16-4006. County commissioners to proclaim election — question sub-
mitted. The county clerk of each of such counties after receiving a copy of
such election proclamation shall present the same to the board of county
commissioners, if such board is then in session, and if not in session, then at
the first meeting thereof held after such clerk has received the same, and
the board of county commissioners of each of such counties shall issue such
proclamations and give such notices of election as are required by the gen-
eral laws of this state when questions are to be submitted to'the qualified
electors of a county at an election and which proclamation and notices shall
include a description of the boundaries of that part of the county proposed
144
COUNTIES 16-4008
to be abandonctl aiitl to bo attached to and made a part of sucli county, if
said eonnt}^ be abandoned, and the county clerk of each of such counties
shall give notice of the closing of the registration books and shall cause th(!
same to be closed at the time and in the manner provided by the general
registration and election laws of this state.
History: En. Sec. 6, Ch. 105, L. 1937.
16-4007. Question to be submitted. At such election the question to be
submitted to the qualified electors of the county in which said petition was
filed shall be as follows:
□ For the abandonment and abolishment of the county of (name) and
attaching the territory within its boundaries to and making the same a part
of the county or counties of (name).
□ Against the abondonment and abolishment of the county of (name)
and attaching the territory within its boundaries to and making the same
a part of the county or counties of (name).
And the question to be submitted to the qualified electors of the counties,
designated in the resolution as the county or counties to which the territory
of the county proposed to be abandoned and abolished, is to be attached and
made a part, shall be as follows:
□ For attaching to and making a part of the county of (name) a part
of the territory within the boundaries of the county of (name) if the same is
abandoned and abolished.
□ Against attaching to and making a part of the county of (name) a
part of the territory within the boundaries of the county of (name) if the
same is abandoned and abolished.
Said election shall be held, voted, counted and returns made and can-
vassed in the manner provided by the general election laws of this state.
History: En. Sec. 7, Ch. 105, L. 1937,
16-4008. Commissioners to canvass returns — governor to proclaim result.
The board of county commissioners of each county, acting as a canvassing
board, must within ten (10) days after the holding of such election canvass
the returns of such election, and within five (5) days thereafter the clerk of
each such county must make and enter in the records of said board a state-
ment of the vote in such county and transmit to the secretary of state, by
registered mail, an abstract thereof, which shall be marked "Election Re-
turns." Within ten (10) days after receiving such abstracts from all coun-
ties in which such election was held, and on notice from the secretary of
state, the board of state canvassers shall meet and canvass, compute and de-
termine the vote, and the secretary of state, as secretary of such board must
make and file in his office a statement thereof and transmit a copy thereof
to the governor. Upon receipt of such copy the governor shall issue a procla-
mation declaring the result of such election and shall file a copy of such
proclamation in the office of the secretary of state and transmit a copy of
such proclamation to the county clerk of each of the counties in which such
election was held, and each such county clerk shall file the same in his office
and present the same to the board of county commissioners of his county,
if such board is then in session, otherwise at the first meeting of the board
after the same has been received by such clerk.
History: En. Sec. 8, Ch. 105, L. 1937.
145
16-4009 ELECTION LAWS
16-4009. Result of election determines abandonment. If, at such elec-
tion a majority of the votes cast in the county in which such petition was
filed shall be cast in favor of the abandonment and abolishment of such
county, and a majority of the votes cast in the county, designated in the
petition for abandonment as the county to which the territory of the aban-
doned county shall be attached, shall be in favor thereof, then the organ-
ization and political and corporate existence of the county in which such
petition for abondonment was filed shall cease and terminate and said county
shall be abandoned and abolished and disincorporated and cease to exist and
its territory shall be attached to and become a part of the counties desig-
nated in the resolution adopted under section 16-4004, and the term of
office of each of the officers thereof, and of the members of the board of
county commissioners thereof, and of its senator and representative in the
legislative assembly shall cease and terminate at twelve (12:00) o'clock mid-
night on the thirtieth day of June immediately following; provided that if
at any such election a majority of the votes cast in any adjoining county
named in the resolution adopted under section 16-4004, other than the county
designated in the petition for abandonment as the county to which the terri-
tory of the abandoned county shall attach, shall be against the attaching of
any portion of the territory of the abandoned county to such adjoining
county, then such portion of such territory described in said resolution shall
be attached and become a part of the county designated in such resolution
for abandonment as the county to which the territory of the abandoned
county shall attach.
History: En. Sec. 9, Ch, 105, L. 1937.
CHAPTER 43
PUBLIC HOSPITAL DISTRICTS
Section 16-4301. Purpose of act — allowable territory embraced within public hospital
district.
16-4302. Petition to board of county commissioners.
16-4303. Hearing.
16-4304. Reference of creation of district at election.
16-4305. Resolution and order of board as respects election.
16-4306. Favorable vote — commissioners finally to organize district.
16-4307. Government of district — appointment, election and terms of trustees.
16-4301. Purpose of act — allowable territory embraced within public
hospital district. The purpose of this act is to authorize the establishment
of public hospital districts which shall have power to own and operate
public hospitals, or to lease and operate public hospitals, or to maintain
or aid in the maintenance and operation of a public hospital, and in either
case to supply hospital facilities and services to residents of such districts,
and as herein authorized, to others. A public hospital district may contain
the entire territory embraced within a county or any portion or sub-
division thereof.
History: En. Sec. 1, Ch. 155, L. 1953.
16-4302. Petition to board of county commissioners. Whenever a peti-
tion, signed by not less than thirty per centum (30%) of the citizens who
are owners of property located within the boundaries of a proposed public
146
COUNTIES 16-4305
hospital district, and whose names appear as such property owners upon
the last completed assessment roll of the county in which said proposed
district is situated, which petition shall definitely describe the boundaries
of the proposed district and request that the territory within said bound-
aries be organized into a public hospital district, shall be addressed and
presented to the board of county commissioners of the county in which
the proposed district is situated, at any regular or special meeting of said
board, it shall file the same and act thereon as herein prescribed. The
said board of county commissioners, by resolution, shall fix a time for
a hearing upon said petition at not less than two (2) nor more than four
(4) weeks from the time of presentation thereof, and shall cause notice
to be given of the time and place of said hearing by publication in a news-
paper published in the county in not less than two (2) successive issues of
said newspaper, the last publication of which notice shall be at least two
(2) weeks before said hearing. Said notice shall state that any person
residing in or owning property within said proposed district or any part
thereof as described in said petition, may appear before said board at
the hearing and show cause why the said district should not be created.
History: En. Sec. 2, Ch. 155, L. 1953.
16-4303. Hearing. At the time fixed for said hearing, the board shall
determine whether or not the petition complies with the requirements
hereinbefore set forth and whether or not the notice required herein has
been published as required. At such hearing the board must hear all com-
petent and relevant testimony offered in support of or in opposition to
said petition and the creation of such district. Said hearing may be ad-
journed from time to time for the determination of said facts, or hearing
petitioners or objectors, but no adjournment shall exceed two (2) weeks
in all from and after the date originally noticed and published for the
hearing.
History: En. Sec. 3, Ch. 155, L. 1953.
16-4304. Reference of creation of district at election. If the board of
county commissioners shall determine that the petitioners have complied
with the requirements herein set forth and that the prescribed notice has
been published, it shall thereupon proceed by resolution to refer the ques-
tion of the creation of such district to the persons qualified to vote on
such proposition as in this act prescribed. Said board, in its resolution of
reference, may make such changes in the boundaries of the proposed dis-
trict as it may deem advisable, without, hoAvever, including any additional
lands not described in the petition, and shall define and establish the
boundaries of the district, and it shall call an election, upon the question
of the creation of the district.
History: En. Sec. 4, Ch. 155, L. 1953.
16-4305. Resolution and order of board as respects election. The board
must, in its resolution, designate whether or not a special election shall
be held, or whether the matter shall be determined at the next general
election. If a special election is ordered, the board must, in its order,
specify the time and place for such election, the voting places, and shall
in said order appoint and designate judges and clerks therefor. The
147
16-4306 ELECTION LAWS
election shall be held in all respects as nearly as practicable in conformity
with the general election laws; provided that the polls shall be open from
eight (8) o'clock A.M. to six (6) o'clock P.M., on the day appointed for
such election. At such election, the ballots must contain the words "Hos-
pital District, Yes" and "Hospital District, No." The judges of the elec-
tion shall certify to the board of county commissioners the results of said
election. No person shall be qualified to vote at such election who has not
attained twenty-one (21) years of age, who is not an owner of property
within the boundaries of said district as defined by the board, and whose
name does not appear on the last completed assessment roll of the county.
History: En. Sec. 5, Ch. 155, L. 1953.
16-4306. Favorable vote — commissioners finally to organize district.
In the event that a majority of the votes cast are in favor of the creation
and establishment of said hospital district, the board of couny commis-
sioners shall, within ten (10) days after the election, by resolution certify
such result, and proceed with the organization of such district as herein
specified.
History: En. Sec. 6, Ch. 155, L. 1953.
16-4307. Grovemment of district — appointment, election and terms of
trustees. Said hospital district shall be governed and managed by a board
of three (3) trustees, elected by the persons within the district who have
the same qualifications as voters upon the question of "creation of the dis-
trict." Tlie trustees must be elected from among the freeholders residing
\\'ithin said district, and the trustees elected for the first board shall serve
for terms commencing upon their being elected and qualified and terminat-
ing one (1) two (2) and three (3) years respectively, from the first Monday
in May following their election, and until their respective successors shall
be elected and qualify. Annually thereafter there shall be elected a
trustee to serve for a term of three (3) years and until his successor shall
be elected and quality and such term of three (3) years shall commence on
the first Monday in May following the said trustee's election. The first
board of trustees shall be elected at the same election held upon tlie creation
of the district, subject to the creation thereof, shall qualify upon the
organization of the district, if created, and the trustees may be nominated
and have their names appear upon the ballots upon the filing with the board
of county commissioners of a petition signed by any five (5) qualified
electors of the district. Any elector may sign as many nominating petitions
as there are persons to be elected. All elections and nominations for election
of trustees thereafter, shall be conducted by said qualified voters in the
same manner as provided by the laws of the state of Montana for the elec-
tion of sciiool trustees of a second or tiiird clas.s school district, provided
that wherever in the said laws of the state of Montana it is provided that
certain action shall be performed or filings made with the clerk of the
school board, the trustees or the board of trustees of the school district or
the county superintendent of schools, the same shall, for the purposes of
this act, be taken to refer to the clerk of the board of trustees of the public
hospital district, the trustees or the board of trustees of the public hospital
district or the county clerk, respectively. The trustees at their first meet-
148
COUNTIES 16-4503
ing shall adopt by-laws for the government and management of the district,
and shall appoint a qualified person to serve as clerk of the said board,
who may or may not be one of their number. The trustees shall serve
without pay. A vacancy upon the board of trustees, or in the office of clerk
shall be filled by appointment by the remaining members and the ap-
pointee shall serve until the next ensuing election for trustees.
History: En. Sec. 7, Ch. 155, L. 1953;
amd. Sec. 1, Ch. 97, L. 1955.
CHAPTER 45
COUNTY WATER DISTRICTS
Section 16-4501. Organization of county water districts authorized.
16-4502. Organization of county water districts.
16-4503. Petition — boundaries of district — publication.
16-4504. Time of consideration — final hearing.
16-4505. Proposition submitted — who may vote — certificate of secretary of
state — district deemed incorporated — must hear testimony — suit
commenced within one year — election.
16-4506. Election of directors — term of office.
16-4507. Nomination of officers.
16-4508. General law to govern.
16-4509. Officers subject to recall.
16-4513. Informality not to invalidate.
16-4517. Bonded indebtedness.
16-4518. Election.
16-4519. Notice.
16-4520. Publication.
16-4521. Canvass of returns.
16-4522. Two-thirds vote necessary.
16-4529. Initiative.
16-4530. Referendum.
16-4531. Adding to district.
16-4501. Organization of county water districts authorized. A county
water district may be organized and incorporated and managed as herein
expressly provided and may exercise the powers herein expressly granted
or necessarily implied.
History: En. Sec. 1, Ch. 242, L. 1957.
16-4502. Organization of county water districts. The people of any
county, or portion of a county, or city and county, whether such portion
includes unincorporated territory or not, in the state of Montana, having
a population of not less than three hundred (300) inhabitants, may organize
a county water district under the provisions of this act by proceeding as
herein provided.
History: En. Sec. 2, Ch. 242, L. 1957.
16-4503. Petition — boundaries of disrt;rict — publication. A petition,
which may consist of any number of separate instruments, shall be pre-
sented at a regular meeting of the board of commissioners of the county
in which the proposed water district is located, signed by the registered
voters within the boundaries of the proposed water district, equal in num-
ber to at least ten per centum (10%) of the registered voters of the terri-
tory included in such proposed water district. Such petition shall set
forth and describe the proposed boundaries of such water district, and
shall pray that the same be incorporated under the provisions of this act,
and the text of such petition shall be published for ten (10) consecutive
days in a daily newspaper or in two (2) issues of a weekly newspaper
printed and published in such county, together with a notice stating the
149
16-4504 ELECTION LAWS
time of the meeting at which same will be presented. The first publication
shall be at least two (2) weeks before the time at which the petition is
to be presented. When contained upon more than one (1) instrument,
one (1) copy only of such petition need be published. No more than five
of the names attached to said petition need appear in such publication of
said petition and notice, but the number of signers shall be stated.
History: En. Sec. 3, Ch. 242, L. 1957.
16-4504. Time of consideration — finaJ hearing. With such publica-
tion there shall be published a notice of the time of the meeting of the
board when such petition will be considered and that all persons interested
therein may then appear and be heard. At such time the board of com-
missioners shall hear the petition and those appearing thereon together
with such written protests as shall have been filed with the county clerk
and recorder prior to such hearing by or on behalf of owners of taxable
property situated within the boundaries of the proposed district and may
adjourn such hearing from time to time, not exceeding four (4) weeks in
all. No defect in the contents of the petition or in the title to or form
of the notice or signatures, or lack of signatures, thereto shall vitiate any
proceedings thereon, provided such petition or petitions have a sufficient
number of qualified signatures attached thereto. On the final hearing said
board shall make such changes in the proposed boundaries as may be
deemed advisable and shall define and establish such boundaries, but said
board shall not modify said boundaries as to exclude from such proposed
district any territory which would be benefited by the formation of such
district ; nor shall any lands which will not, in the judgment of said board,
be benefited by such district be included within such proposed district.
Any person whose lands are benefited by such district may upon his appli-
cation, in the discretion of said board, have such lands included within
said proposed district.
History: En. Sec. 4, Ch. 242, L. 1957.
16-4505. Proposition submitted — who may vote — certificate of secre-
tary of state — district deemed incorporated — must hear testimony — suit
commenced within one year — election. Upon such hearing of said peti-
tion, the board of commissioners shall determine whether or not said pe-
tition complies with the requirements of the provisions of this act, and
for that purpose must hear all competent and relevant testimony offered
in support of or in opposition thereto. Such determination shall be en-
tered upon the minutes of said board of commissioners. A finding of the
board of commissioners in favor of the genuineness and sufficiency of the
petition and notice shall be final and conclusive against all persons except
the state of Montana upon suit commenced by the attorney general. Any
such suit must be commenced within one (1) year after the order of the
board of commissioners declaring such district organized as herein pro-
vided, and not otherwise. Upon the final determination of the boundaries
of the district the board of commissioners shall give notice of an election
to be held in said proposed water district for the purpose of determining
whether or not the same shall be incorporated, the date of which election
shall be not more than sixty (60) days from the date of the final hearing
of such petition. Such notice shall describe the boundaries so established
and shall state the proposed name of the proposed incorporation (which
name shall contain the words " county water district"), and this
150
COUNTIES 16-4506
notice shall be published for ten (10) consecutive days in a daily news-
paper or in two (2) issues of a weekly newspaper printed and published
in said county. The first publication shall be made at least two (2) weeks
before the time at which the election is to be held. At such election the
proposition to be submitted shall be: "Shall the proposition to organize
county water district under (naming the chapter containing this
act) of the acts of the session of the Montana legislature and
amendments thereto be adopted?" And the election thereupon shall be
conducted, the vote canvassed and the result declared in the same manner
as provided by law in respect to general elections, so far as they may be
applicable, except as in this act otherwise provided. No person shall be
entitled to vote at any election under the provisions of this act unless such
person possesses all the qualifications required of electors under the gen-
eral election laws of the state, and is the owner of taxable real property
situated within the boundaries of the proposed district. Within four (4)
days after such election the vote shall be canvassed by the board of com-
missioners. If a majority of the votes cast at such election in each mu-
nicipal corporation or part thereof and in the unincorporated territory
included in such proposed water district shall be in favor of organizing
such county water district, said board shall by an order entered on its
minutes declare the territory enclosed within the proposed boundaries
duly organized as a county water district under the name theretofore desig-
nated, and the county clerk shall immediately cause to be filed with the
secretary of state and shall cause to be recorded in the office of the county
recorder of the county in which such district is situated, each, a certificate
stating that such a proposition was adopted. Upon the receipt of such last-
mentioned certificate the secretary of state shall, within ten (10) days,
issue his certificate reciting that the county water district (naming it) has
been duly incorporated according to the laws of the state of Montana. A
copy of such certificate shall be transmitted to and filed with the county
clerk of the county in which such county water district is situated. From
and after the date of such certificate, the district named therein shall be
deemed incorporated as a county water district, with all the rights, privi-
leges and powers set forth in this act and necessarily incident thereto.
In case less than a majority of the votes cast are in favor of said proposi-
tion the organization fails but without prejudice to renewing proceedings
at any time in the future.
History: En. Sec. 5, Ch. 242, L, 1957.
16-4506. Election of directors — term of oflSce. At an election to be
held within such district under the provisions of this act and the laws
governing general elections not inconsistent herewith, the county water
district thus organized shall proceed within ninety (90) days after its
formation to the election of a board of directors consisting, if there are
no municipalities within the boundaries of said district, of five (5) mem-
bers. In all cases where the boundaries of such water district include any
municipality or municipalities, said board of directors, in addition to said
five (5) directors to be elected as aforesaid, shall consist of one (1) addi-
tional director for each one of said municipalities within such county water
district, each such additional director to be appointed by the mayor of the
municipality for which said additional director is allowed ; and if there be
151
16-4507 ELECTION LAWS
any unincorporated territory within said water district, of one additional
director, to be appointed by the said board of commissioners. Any director
so elected or appointed shall be a qualified freeholder and a resident of said
district. All directors, elected or appointed, shall hold office until the
election and qualification or appointment and qualification of their succes-
sors. The term of office of directors elected under the provisions of this
act shall be four (4) years from and after the date of their election; pro-
vided, that the directors first elected after the passage of this act shall
hold office only until the election and qualification of their successors as
hereinafter provided. The term of office of directors appointed by said
mayor or mayors or by said board of commissioners shall be six (6) years
from and after the date of appointment. Directors to be first appointed
under the provisions of this act shall be appointed within ninety (90) days
after the formation of the district. The election of directors of such county
water district shall be in every fourth year after its organization, on the
fourth Tuesday in March, and shall be known as the "general water dis-
trict election." All other elections which may be held by authority of this
act. or of the general laws, shall be known as special water district election.
History: En. Sec. 6, Ch. 242, L. 1957.
16-4507. Nomination of officers. (1) The mode of nomination and
election of all elective officers of such water district to be voted for at any
water district election and the mode of appointment of a director or di-
rectors by said mayor or mayors or by said board of commissioners shall
be as follows and not otherwise.
(2) The name of a candidate shall be printed upon the ballot when
a petition of nomination shall have been filed in his behalf in the manner
and form and under the conditions hereinafter set forth.
(3) The petition of nomination shall consist of not less than twenty-
five (25) individual certificates, which shall read substantially as follows:
Iss.
PETITION OF NOMINATION
Individual Certificate.
State of Montana
County of
Prect. No.
I, the undersigned, certify that I do hereby join in a petition for the
nomination of , whose residence is at for the office of
of the county water district to be voted for at the water
district election to be held in the county water district on the
day of , 19.... ; and I further certify that I am a qualified
elector and freeholder residing within said district, and am not at this
time a signer of any other petition nominating any other candidate for
the above named office ; or, in case there are several places to be filled in
the above named office, that I have not signed more petitions than there are
places to be filled in the above named office ; that my residence is at No.
street, , and that my occupation is
(Signed).......
State of 1
i-ss.
County of
, being duly sworn, deposes and says that he is the person
152
COUNTIES 16-4507
who signed the foregoing certificate and that the statements therein are
true and correct.
(Signed)
Subscribed and sworn to before me this day of 19
Notary Public
The petition of nomination of which this certificate forms a part shall,
if found insufficient, be returned to , at , Montana.
(4) Clerk to furnish forms. It shall be the duty of the county clerk
to furnish upon application a reasonable number of forms of individual
certificates of the above character.
(5) Certificates. Each certificate must be a separate paper. All cer-
tificates must be of uniform size as determined by the county clerk.
Each certificate must contain the name of one signer thereto and no more.
Each certificate shall contain the name of one candidate and no more.
Each signer must be a qualified elector residing within said district, must
not at the time of signing a certificate have his name signed to any other
certificate for any other candidate for the same office, nor, in case there
are several places to be filled in the the same office, signed to more certificates
for candidates for that office than there are places to be filled in such
office. In case an elector has signed two or more confiicting certificates,
all such certificates shall be rejected. Each signer must verify his certifi-
cate and make oath that the same is true, before a notary public. Each
certificate shall further contain the name and address of the person to
whom the petition is to be returned in case said petition is found insufficient.
(6) Presentation of petition. A petition of nomination, consisting
of not less than twenty-five (25) individual certificates for any one candi-
date, may be presented to the county clerk not earlier than forty-five (45)
days nor later than thirty (30) days before the election. The county clerk
shall indorse thereon the date upon which the petition was presented to him.
(7) Examination of petition. When a petition of nomination is pre-
sented for filing to the county clerk, he shall forthwith examine the same,
and ascertain whether or not it conforms to the provisions of this section.
If found not to conform thereto, he shall then and there in writing designate
on said petition the defect or omission or reason why such petition cannot
be filed, and shall return the petition to the person named as the person
to whom the same may be returned in accordance with this section. The
petition may then be amended and again presented to the clerk as in the
fitst instance. The clerk shall forthwith proceed to examine the petition
as hereinbefore provided. If necessary, the board of commissioners shall
provide extra help to enable the clerk to perform satisfactorily and
promptly the duties imposed by this section.
(8) Signer may withdraw name. Any signer to a petition of nomi-
nation and certificate may withdraw his name from the same by filing with
the county clerk a verified revocation of his signature before the filing
of his petition by the clerk, and not otherwise. He shall then be at liberty
to sign a petition for another candidate for the same office.
(9) Candidate may withdraw. Any person whose name has been pre-
sented under this section as a candidate may, not later than twenty-
five (25) days before the day of election, cause his name to be withdrawn
153
16-4507 ELECTION LAWS
from nomination by filing with the county clerk a request therefor in
writing, and no name so withdrawn shall be printed upon the ballot. If, upon
such withdrawal, the number of candidates remaining does not exceed the
number to be elected, then other nominations may be made by filing peti-
tions therefor not later than twenty-five (25) days prior to such election.
(10) Petition filed. If either the original or amended petition of nomi-
nation be found sufficiently signed as hereinbefore provided, the clerk shall
file the same twenty-five (25) days before the date of the election. "When a
petition of nomination shall have been filed by the clerk it shall not be with-
drawn or added to and no signatures shall be revoked thereafter.
(11) Petitions preserved. The county clerk shall preserve in his office
for a period of two years, all petitions of nomination and all certificates
belonging thereto, filed under this section.
(12) List of candidates. Immediately after such petitions are filed,
the county clerk shall enter the names of the candidates in a list, with
the offices to be filled, and shall not later than twenty (20) days before
the election certify such list as being the list of candidates nominated
as required by the provisions of this act, and the board of commissioners
shall cause said certified list of names and the offices to be filled, to be
published in the proclamation calling the election at least ten (10) suc-
cessive days before the election in at least one (1) but not more than
three (3) newspapers of general circulation published in the county in
which such municipal water district is located. Such proclamation shall
conform in all respects to the general state law governing the conduct
of general elections now or hereafter in force, applicable thereto, except
as otherwise herein provided.
(13) Ballots. Form. The county clerk shall cause the ballots to be
printed and bound and numbered as provided by said general state law,
except as otherwise required in this act. The ballots shall contain the list
of names and the respective offices as published in the proclamation and
shall be in substantially the following form :
GENERAL (OR SPECIAL) DISTRICT ELECTION
County Water District,
(Inserting date thereof.)
Instructions to Voters: To vote, stamp or write a cross (X) opposite
the name of the candidate for whom you desire to vote. All marks other-
wise made are forbidden. All distinguishing marks are forbidden and make
the ballot void. If you wrongly mark, tear or deface this ballot, return it
to the inspector of election, and obtain another.
(14) How printed. All ballots printed shall be precisely on the same
size, quality, tint of paper, kind of type, and color of ink, so that without
the number it would be impossible to distinguish one ballot from another;
and the names of all candidates printed upon the ballot shall be in type of
the same size and style. A column may be provided on the right-hand side
for questions to be voted upon at municipal water district election, as
provided for under this act. The names of the candidates for each office
shall be arranged in alphabetical order, and nothing on the ballot shall be
indicative of the source of the candidacy or of the support of any candidate.
(15) No candidate omitted. The name of no candidate who has been
duly and regularly nominated, and who has not withdrawn his name as
154
COUNTIES 16-4509
herein provided shall be omitted from the ballot.
(16) Office. The offices to be filled shall be arranjied in the follow-
ing order: "For director vote for (giving number)."
(17) Voting squares. Half-inch square shall be provided at the right
of the name of each candidate wherein to mark the cross.
(18) Spaces below printed names. Half-inch spaces shall be left below
the printed names of candidates for each office, equal in number to the
number to be voted for, wherein the voter may write the name of any person
or persons for whom he may wish to vote.
(19) Votes necessary to elect. In case there is but one person to be
elected to an office, the candidate receiving a majority of the votes cast
for all the candidates for that office, shall be declared elected ; in case there
are two or more persons to be elected to an office, as that of director,
then those candidates equal in number to the number to be elected, who
receive the highest number of votes for such office shall be declared elected.
(20) Failure to qualify. If a person elected fails to qualify, the office
shall be filled as if there were a vacancy in such office, as hereinafter
provided.
(21) Mode of appointment by mayor. The mode of appointment of
director or directors by a mayor, or by a board of commissioners, shall be
by certificate of appointment signed by said mayor or mayors, or issued by
said board of commissioners, and transmitted to the board of directors of
said county water district.
(22) Informality not to invalidate. No informality in conducting
county water district elections shall invalidate the same, if they have been
conducted by directors to fill a vacancy, or appointed by a mayor or by
this act.
History: En. Sec. 7, Ch. 242, L. 1957.
16-4508. General law to govern. The provisions of the law relating
to the qualifications of electors, the manner of voting, the duties of elec-
tion officers, the canvassing of returns, and all other particulars in respect
to the management of general elections, so far as they may be applicable,
shall govern all water district elections, except as in this act otherwise
provided ; provided, however, that where a corporation owns taxable real
property within the boundaries of the district, the president, vice-president
or secretary of such corporation shall be entitled to cast a vote on behalf
of the corporation ; provided also that an elector owning taxable real
property within the district need not reside within the district in order
to vote, and provided that the board of commissioners shall canvass the
returns of the first election and that thereafter, except as herein provided,
the board of directors shall meet as a canvassing board and duly canvass
the returns within four (4) days after any water district election, including
any water district bond election.
History: En. Sec. 8, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 258, L. 1959.
16-4509. Officers subject to recall. Every incumbent of an elective
office, whether elected by popular vote for a full term, or elected by the
board of directors to fill a vacancy, or appointed by a mayor or by said
board of commissioners for a full term, is subject to recall by the voters
of any county water district organized under the provisions of this act,
155
16-4513 ELECTION LAWS
in accordance with the recall provisions of sections 11-3220 to 11-3227,
Revised Codes of ^Montana, both inclusive, applicable to officers under the
commission-manacrer plan.
History: En. Sec. 9, Ch. 242, L. 1957.
16-4513. Informality not to invalidate. No informality in any proceed-
ing or informality in tlie conduct of any election, not substantially affect-
ing adversely the legal rights of any citizen, shall be held to invalidate
the incorporation of any county water district, and any proceeding wherein
the validity of such incorporation is denied shall be commenced within
three (3) months from the date of the certificate of incorporation, other-
wise said incorporation and the legal existence of said county water dis-
trict, and all proceedings in respect thereto, shall be held to be valid
and in every respect legal and incontestable.
History: En. Sec. 13, Ch. 242, L. 1957.
16-4517. Bonded indebtedness. Whenever the board of directors deem
it necessary for the district to incur a bonded indebtedness, it shall by a
resolution so declare and state the purpose for which the proposed debt
is to be incurred, the land within the district to be benefited thereby, the
amount of debt to be incurred, the maximum term the bonds proposed
to be issued shall run before maturity, which shall not exceed forty (40)
years, and the maximum rate of interest to be paid, which shall not ex-
ceed seven per cent (7%) per annum, and the proposition to be submitted
to the electors.
History: En. Sec. 17, Ch. 242, L. 1957.
16-4518. Election. The board of directors shall fix a date upon which
an election shall be held for the purpose of authorizing said bonded in-
debtedness to be incurred. It shall be the duty of the board of directors to
provide for holding such special election on the day so fixed, in accord-
ance with the general election laws of the state, so far as the same shall
be applicable, except as herein otherwise provided.
History: En. Sec. 18, Ch. 242, L. 1957.
16-4519. Notice. Such board of directors shall give notice of the
holding of such election, which notice shall contain the resolution adopted
by the board of directors of the water district, boundaries of voting pre-
cincts, which shall include therein only the lands to be benefited, as stated
in such resolution, the location of polling places, and the names of the
officers selected to conduct the election, who shall consist of one judge,
one inspector and two clerks in each precinct.
History: En. Sec. 19, Ch. 242, L. 1957.
16-4520. Publication. Such notice shall be published for ten (10)
consecutive days in a daily newspaper or in two (2) issues of a weekly
newspaper published in the county wherein such water district is located,
which newspaper shall be designated by the board of directors. Every
qualified elector, owning taxable real property within such voting pre-
cincts, but no others, shall be entitled to vote at such election. All the
expenses of holding such election shall be borne by the district.
History: En. Sec. 20, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 258, L. 1959.
16-4521. Canvass of returns. The returns of such election shall be
made to and the votes canvassed by said board of directors on the first
156
COUNTIES 16-4531
]\Ionclay following: said election, and the results thereof ascertained and
declared in accordance with the general election laws of the state, so far
as they niay be applicable, except as herein otherwise provided. The
secretary of the board of directors, as soon as the result is declared, shall
enter in the records of such board a statement of such results. No irregu-
larities or informalities in conducting such election shall invalidate the
same, if the election shall have otherwise been fairly conducted. In all
respects not otherwise provided for herein, said election shall be called,
managed and directed as is by law provided for general elections in this
state applicable thereto, except as herein otherwise provided.
History: En. Sec. 21, Ch. 242, L. 1957.
16-4522. Two-thirds vote necessary. If from such returns it appears
that more than two thirds of the votes cast at such election were in favor
of and assented to the incurring of such indebtedness, then the board of
directors may, by resolution, at such time or times as it deems proper,
provide for the form and execution of such bonds and for the issuance of
any part thereof, and may sell or dispose of the bonds so issued at such
times or in such manner as it may deem to be to the public interest.
History: En. Sec. 22, Ch. 242, L. 1957.
16-4529. Initiative. Ordinances may be passed by the electors of any
county water district organized under the provisions of this act in accord-
ance with the methods provided by the general laws of the state for direct
legislation applicable to cities and towns.
History: En. Sec. 29, Ch. 242, L. 1957.
16-4530. Referendum. Ordinances may be disapproved and thereby
vetoed by the electors of any such county water district by proceeding
in accordance with the methods provided by the general laws of the state
for protesting against legislation by cities and towns.
History: En. Sec. 30, Ch. 242, L. 1957.
16-4531. Adding' to district. Any portion of a county or any mu-
nicipality, or both, may be added to any county water district organized
under the provisions of this act, at any time, upon petition presented in the
manner therein provided for the organization of such water district, which
petition may be granted by ordinance of the board of directors of such
water district. Such ordinance shall be submitted for adoption or re-
jection to the vote of the electors in such water district and in the pro-
posed addition, at a general or special election held as herein provided,
within seventy (70) days after the adoption of such ordinance. If such
ordinance is approved, the president and secretary of the board of di-
rectors shall certify that fact to the secretary of state and to the county
recorder of the county in which such water district is located. Upon the
receipt of such last mentioned certificate the secretary of state shall,
within ten (10) days, issue his certificate, reciting the passage of said
ordinance and the addition of said territory to said district. A copy of
such certificate shall be transmitted to and filed with the county clerk
of the county in which such county water district is situated. P>om and
after the date of such certificate the territory named therein shall be
deemed added to and form a part of said county water district, with all
157
19-107 ELECTION LAWS
the rights, privileges and powers set forth in this act and necessarily inci-
dent thereto.
History: En. Sec. 31, Ch. 242, L. 1957.
TITLE 19
DEFINITIONS AND GENERAL PROVISIONS
CHAPTER 1
DEFINITIONS AND CONSTRUCTION OF TERMS— HOLIDAYS— OTHER
GENERAL PROVISIONS
Section 19-107. Legal holidays and business days defined.
19-107. (10) Legal holidays and business days defined. The followinp:
are legal holidays in the state of Montana, to-wit: Every Sunday; the first
day of January (New Year's Day) ; the twelfth day of February (Lincoln's
Birthday) ; the twenty-second day of February (Washington's Birthday) ;
the thirtieth day of May (Memorial Day) ; the fourth day of July (Inde-
pendence Day) ; the first Monday of September (Labor Day) ; the twelfth
day of October (Columbus Day) ; the eleventh day of November (Vetera)is'
Day) ; the twenty-fifth day of December (Christmas Day) ; every day on
which a general election is held throughout the state and every day
appointed by the president of the United States or by the governor of tliis
state for a public fast, thanksgiving or holiday. If any of the holidays
herein enumerated (except Sunday) fall upon a Sunday, the Monday fol-
lowing is a holiday. All other days than those herein mentioned are to !)(>
deemed business days for all purposes, except as herein provided.
Whenever any bank in the state of Montana elects to remain closed i\\\d
refrains from the transaction of business on Saturdays, pursuant to authority
for permissive closing on Saturdays by virtue of the laws of the state, legal
holidays for such bank during the year of such election are hereby limited
to the following holidays, and no other holidays, viz. : Every Sunday ; the
first day of January (New Year's Day) ; the thirtieth day of May (Memorial
Day) ; the fourth day of July (Independence Day) ; the first Monday of
September (Labor Day) ; the twenty-fifth day of December (Christmas
Day) ; and every day upon which a general election is held throughout the
state of Montana, and every day appointed by the president of the Ihiited
States of America or by the governor of the state of Montana for a ])ublic
fast, thanksgiving or holiday; provided, liowever, that any bank practicing
Saturday closing in compliance with law may remain closed and refi-ain
from the transaction of business on Saturdays, iiotwithstaiidiiig thiit a
Saturday may coincide with a legal holidaj' other than one of the holidays
designated above for banks practicing Satnrday closing in compliance with
law.
History: Ap. p. Sec. 10, Pol. C. 1895; 1921; amd. Sec. 1, Ch. 209, L. 1955. Cal.
re-en. Sec. 10, Rev. C. 1907; amd. Sec. 1, Pol. C. Sees. 10-11.
Ch. 21, L. 1921; re-en. Sec. 10, E. C. M.
158
TITLE 23
ELECTIONS
Chapter 1. Time of holding elections — proclamations, 23-101 to 23-106.
2. Publication of questions submitted to popular vote, 23-201, 23-202.
3. Qualifications and privileges of electors, 23-301 to 23-311.
4. Election precincts, 23-401 to 23-407.
5. Kegistration of electors, 23-501 to 23-534.
6. Judges and clerks of elections, 23-601 to 23-611.
7. Election supplies, 23-701 to 23-713.
8. Nomination of candidates for special elections by convention or primary
meetings or by electors, 23-801 to 23-820.
9. Party nominations by direct vote — the direct primary, 23-901 to 23-936.
10. Presidential electors and delegates to national conventions, 23-1001 to
23-1008.
11. Ballots, preparation and form, 23-1101 to 23-1117.
12. Conducting elections— the polls — voting and ballots, 23-1201 to 23-1228.
13. Voting by absent electors, 23-1301 to 23-1321.
14. Voting by absent electors in military service, 23-1401 to 23-1406.
15. Eegistration of electors absent from county of their residence, 23-1501 to
23-1503.
16. Voting machines — conduct of election when used, 23-1601 to 23-1618.
17. Election returns, 23-1701 to 23-1715.
18. Canvass of election returns — results and certificates, 23-1801 to 23-1819.
19. Failure of elections — proceedings on tie vote, 23-1901 to 23-1904.
20. Nonpartisan nomination and election of judges of supreme court and dis-
trict courts, 23-2001 to 23-2014.
21. Presidential electors, how chosen — duties, 23-2101 to 23-2111.
22. Members of congress — elections and vacancies, 23-2201 to 23-2205.
23. Recount of ballots— results, 23-2301 to 23-2308.
24. Conventions to ratify proposed amendments to constitution of the United
States, 23-2401 to 23-2411.
CHAPTER 1
TIME OF HOLDING ELECTIONS— PROCLAMATIONS
Section 23-101. General elections, when to be held.
23-102. Special elections — purpose and calling.
23-103. Election proclamations by the governor.
23-104. Governor's proclamation, contents.
23-105. Publication and posting by county commissioners.
23-106. Election proclamation by county commissioners.
23-101. (531) General elections, when to be held. There must be held
throughout the state, on the first* Tuesday after the first Monday of No-
vember, in the year eighteen hundred and ninety-four, and in every second
year thereafter, an election to be known as the general election.
History: En. Sec. 1150, Pol. C. 1895; 50 M 322, 338, 146 P 932; Mulholland v.
re-en. Sec. 450, Rev. C. 1907; re-en. Sec. Ayers et al., 109 M 558, 562, 99 P 2d
531, R. C. M. 1921. Cal. Pol. C. Sec. 1041. 234; Maddox v. Board of State Canvassers
^ - et al., 116 M 217, 223, 149 P 2d 112; La-
ijennmon ^^^^^ ^^ McGrath, 116 M 283, 287, 149 P
A general election is one held for the 2d 913; Pioneer Motors v. State Highway
election of officers throughout the state. Commission, 118 M 333, 165 P 2d 796, 800.
State ex rel. Rowe v. Kehoe, 49 M 582,
591, 144 P 162. Collateral References
References Elections<3=338.
Cited or applied as section 450, Revised "^ ^'••^•^- I^'^ections § 77.
Codes, in State ex rel. Patterson v. Lentz,
159
23-102
ELECTION LAWS
23-102. (532) Special elections — purpose and calling. Special elections
are such as are held to supply vacancies in any office, and are held at such
times as may be designated by the proper officer or authority. The board
of county commissioners shall be authorized to call a special election at any
time for the purpose of submitting to the qualified electors of the county a
proposition to raise money for any public improvement desired to be made
in the county.
History: En. Sec. 1151, Pol. C. 1895;
amd. Sec. 451, Rev. C. 1907; re-en. Sec.
532, R. C. M. 1921. Cal. Pol. C. Sec. 1043.
Deflnitlon
A special election is one held to supply
a vacancy in a public office, or one in
which is submitted to the electors a prop-
osition to raise money for any public
improvement. State ex rel. Rowe v. Kehoe,
49 M 582, 591, 144 P 162.
"Vacancy"
The word vacancy as applied to a public
office has no technical meaning, and it is
not to be taken in a strict technical sense
in every case. It may be said that an
office is vacant when it is empty and with-
out an incumbent who has a right to exer-
cise its functions and take its fees or
emoluments even though the vacancy is
not a corporal one. "An office without an
incumbent is vacant." LaBorde v. Mc-
Grath, 116 M 283, 292, 149 P 2d 913.
References
Cited or applied as section 451, Revised
Codes, in State ex rel. Patterson v. Lentz,
50 M 322, 338, 146 P 932; Mulholland v.
Ayers et al., 109 M 558, 562, 99 P 2d
234; Bottomlv v. Ford, 117 M 160, 163,
157 P 2d 108.
Collateral References
Elections<S=>32; CountiesC=5l51.
29 C.J.S. Elections §66; 20 C.J.S. Coun-
ties § 226.
23-103. (533) Election proclamations by the governor. At least sixty
days before a general election, and whenever he orders a special election to
fill a vacancy in the office of state senator or member of the house of repre-
sentatives, at least ten days before such special election, the governor must
issue an election proclamation, under his hand and the great seal of the
state, and transmit copies thereof to the boards of commissioners of the
counties in which such elections are to be held.
History: En. Sec. 1160, Pol. C. 1895; exists in any local county office, apper-
re-en. Sec. 452, Rev. C. 1907; re-en. Sec.
533, R. C. M. 1921. Cal. Pol. C. Sec. 1053.
Operation and Effect
The governor issued his proclamation
giving notice of a general election to be
held November 8, 1904, under this and
the following section, and omitted there-
from the mention of an election of three
judges for tlie second judicial district,
and called for the election of two judges.
Upon mandamus proceedings against the
governor the relator claimed that three
judges should have been mentioned in the
proclamation, and that he was elected
and entitled to receive from the governor
a commission as judge. As it failed to
appear that the electors voted for more
than two candidates for judgeships, the
petition was dismissed. State ex rel.
Breen v. Toole, 32 M 4, 8, 79 P 403.
As tliis section does not impose upon
the governor the duty to call an election
to fill vacancies other than those in the
offices of state senator and member of the
house of representatives, and he is not
presumed to know what, if any, vacancy
ently proclamation by the governor is
necessary only when an election is to be
held to fill offices for the next regular
term, except to fill vacancies in the two
offices mentioned. State ex rel. Rowe v.
Kehoe, 49 M 582, 591, 144 P 162.
While the provisions of the codes relat-
ing to the manner of calling special elec-
tions are crude and not in the most appro-
priate terms to confer the necessary
powers upon boards of county commis-
sioners, they are nevetheless sufficient
for this purpose. State ex rel. Patterson
V. Lentz, .50 M 322, 343, 146 P 932.
Id. A statement in the proclamation
of the governor giving notice of a gen-
eral election, that among other officers
there was to be elected "also a district
ju(l;^e, in any judicial district where a
vacancy may exist," was not such a no-
tice of the necessity of filling a vacancy
by election as required by this section.
Id. The governor's proclamation should
state the offices to be filled, especially
where a state office, such as a judgeship,
held by his appointee, is to be filled; but,
if the people have actual notice that a
160
TIME OF HOLDING ELECTIONS — PROCLAMATIONS 23-106
judge is to be elected and indicate their References
choice, no insufficiency of notice, in the State ex rel. Wulf v. McGrath, 111 M
governor's proclamation, of a vacancy in 96, 100, 106 P 2d 183; State ex rel. (irant
that office, in any particular district, or v. Eaton, 114 M 199, 209, 133 P 2d 588.
other informality in the election, will Collateral References
suffice to defeat their will, as expressed Elections<>=340
by their votes. 29 C.J.S. Elections §72.
23-104. (534) Governor's proclamation, contents. Such proclamation
must contain :
1. A statement of the time of election, and the offices to be filled.
2. An offer of rewards in the following form : "And I do hereby offer
a reward of one. hundred dollars for the arrest and conviction of any per-
son violating any of the provisions of sections 94-1401 to 94-1426. Such re-
wards to be paid until the total amount hereafter expended for the purpose
reaches the sum of five thousand dollars."
History: En. Sec. 1161, Pol. C. 1895; 582, 591, 144 P 162; as section 453, Re-
re-en. Sec. 453, Rev. C. 1907; re-en. Sec. vised Codes, in State ex rel. Patterson v.
534, R. C. M. 1921. Cal. Pol. C. Sec. 1054. Lentz, 50 M 322, 343, 146 P 932; Nord-
quist v. Ford, 112 M 278, 283, 114 P 2d
References
1071.
Cited or applied as section 1161, Polit-
ical Code, in State ex rel. Breen v. Toole, Collateral References
32 M 4, 8, 79 P 403; as section 453, sub- Elections<&=41.
division 1, Revised Codes, with other sec- 29 C.J.S. Elections § 73.
tions, in State ex rel. Rowe v. Kehoe, 49 M
23-105. (535) Publication and posting by comity commissioners. The
board of county commissioners, upon the receipt of such proclamation, maj',
in the case of general or special elections, cause a copy of the same to be
published in some newspaper printed in the county, if any, and to be
posted at each place of election at least ten days before the election ; and in
case of special elections to fill a vacancy in the office of state senator or
member of the house of representatives, the board of county commissioners,
upon receipt of such proclamation, may in their discretion, cause a copy
of the same to be published or posted as hereinbefore provided, except
that such publication or posting need not be made for a longer period
than five daj's before such election.
History: En. Sec. 1162, Pol. C. 1895; amply met by distribution of copies of the
re-en. Bee. 454, Rev. C. 1907; re-en. Sec. law. Nordquist v. Ford, 112 M 278, 283,
535, R. C. M. 1921. Cal. Pol. C. Sec. 1055. 114 P 2d 1071.
Not Appljdng to Measures Put to People References
Cited or applied as section 454, Revised
Contention that because of failure to Codes, in State ex rel. Rowe v. Kehoe, 49
have the Governor's proclamation that Ch. M 582, 591, 144 P 162; in State ex rel.
168, Laws 1939 (omitted), would be sub- Cryderman v. Wienrick, 54 M 390, 170 P
mitted to the electors at the general elec- 942; State ex rel. Freeze v. Taylor, 90 M
tion of 1940 published in newspapers as 439, 444, 4 P 2d 479; State ex rel. Wulf
required by this section and section 37-104, v. McGrath, 111 M 96, 100, 106 P 2d 183.
the act is invalid, held not meritorious,
these sections applying only to measures Collateral References
put before the people by their own peti- Elections<S=>42.
tion, aad not by the legislature, and notice 29 C.J.S. Elections § 74.
23-106. (536) Election proclamation by county commissioners. When-
ever a special election is ordered by the board of county commissioners,
they mu.st issue an election proclamation, containing the statement provided
for in subdivision one of section 23-104, and must publish and post it in the
same manner as proclamations issued by the governor.
161
23-201
ELECTION LAWS
ffistory: En. Sec. 1163, Pol. C. 1895;
re-en. Sec. 455, R«v. C. 1907; re-en. Sec.
536, R. C. M. 1921. Cal. Pol. C. Sec. 1056.
Operation and Effect
The notice of election does not take the
place of the election pioclaniation. Eveis
V. Hudson, 36 M 135, 154, 92 P 462.
This section has no reference to elec-
tions held for raising money for puljlic
improvements. The power conferred in
this behalf is exercised under special pro-
visions on the subject, found in that part
of the codes relating to county govern
ment. State ex rel. Rows v. Kehoe, 49 M
582, 592, 144 P 162.
Id. In case of vacancies in county of-
fices, boards of county commissioners
iiave the power, and it is their duty to call
and provide for the holding of special
elections to fill them.
References
Cited or applied as section 455, Revised
Codes, in State ex rel. Patterson v. Lentz,
50 M 322, 343, 146 P 932; State ex rel.
Crvderman v. Wienrick, 54 M 390, 399,
170 P 942.
Collateral References
Election3<©=540-42.
29 C.J.S. Elections §§ 72-74.
CHAPTER 2
PUBLICATION OF QUESTIONS SUBMITTED TO POPULAR VOTE
Section 23-201. Publication and printing of amendments to constitution.
23-202. Advertisement of questions to be submitted.
23-201. (537.1) Publication and printing of amendments to constitu-
tion. Whenever a proposed constitutional amendment or amendments are
submitted to the people of the state for popular vote, the secretary of state
shall cause the said proposed amendment or amendments to be published in
full once a week in one newspaper in each county of the state, if such there
be, for three (3) months previous to the next general election for members
of the legislative assembly. Such publication shall not be had in more than
one paper in any one county in the state.
The secretary of state shall also cause to be printed a pamphlet contain-
ing a true and exact copy of the proposed amendment or amendments,
and a true and exact copy of the existing constitutional provisions if the
proposed constitutional amendment or amendments is or are a revision of
an existing amendment or amendments, and the amendment or amendments
in the form in which it or they will be printed on the official ballot. The
said proposed amendment or amendments, printed as herein provided, shall
then be distributed as provided in section 37-107. The cost of publication
of said amendment or amendments, and the cost of printing said pamphlet
or pamphlets shall be a proper charge against the state at the rate, as pro-
vided for in the statutes for state printing.
History: En. Sec. 1, Ch. 62, L. 1927; lative acts referred to the people by the
amd. Sec. 1, Ch. 104, L. 1945.
Operation and Effect
Held, that legislature by repealing sec-
tion 537, R. C. M. 1935 and leaving in
efifect this section requiring publication of
proposed constitutional amendments in-
dicated its intent to disperse with publi-
cation prior to general election of legis-
legislature, or the governor's proclamation
that such act would be voted upon at such
election. Nordquist v. Ford et al., 112 M
278, 283, 114 P 2d 1071.
Collateral References
Constitutional Law<®^9(l).
16 C.J.S. Constitutional Law § 10.
23-202. (538) Advertisement of questions to be submitted. Questions
to be submitted to the people of the county or municipality must be ad-
vertised by publication in at least one newspaper Avithin the county or
municipality, once a week for two successive weeks, and one of such publi-
162
QUALIFICATIONS AND PRIVILEGES OF ELECTORS 23-302
cations in such newspaper must be upon the last day upon which such news-
paper is issued before the election.
History: En. Sec. 1, Ch. 130, L, 1919; Collateral References
re-en. Sec. 538, R. C. M. 1921. Elections<&=40 et seq.
Reference ^9 C.J.S. Elections § 71 et seq.
State ex rel. Wulf v. McGrath, 111 M
96, 100, 106 P 2d 183.
CHAPTER 3
QUALIFICATIONS AND PRIVILEGES OF ELECTORS
Section 23-301. Elections to be by ballot.
* 23-302. Qualifications of voter.
23-303. Qualifications of electors at elections on incurring state indebtedness.
23-304. Lists and precinct registers.
23-305. Duties of secretary of state and county clerks.
23-306. Repealing clause — exception.
23-307. Qualification of electors on elections concerning state tax levy or debt.
23-308. Privilege from arrest.
23-309. Exempt from military duty on election day.
23-310. Idiot or insane.
23-311. Who are taxpayers.
23-301. (539) Elections to be by ballot. All elections by the people
shall be by ballot.
History: En. Sec. 1180, Pol. C. 1895; Collateral References
re-en. Sec. 461, Rev. C. 1907; re-en. Sec. Elections<&='161.
539, R. C. M. 1921. 29 C.J.S. Elections § 149.
23-302. (540) Qualifications of voter. Every person of the age of
twenty-one years or over, possessing the following qualifications, if his name
is registered as required by law, is entitled to vote at all general and spe-
cial elections and for all officers that now are, or hereafter may be, elective
by the people, and upon all questions which may be submitted to the vote of
the people: First, he must be a citizen of the United States; second, be
must have resided in the state one year and in the county thirty days
immediately preceding the election at which he offers to vote. No person
convicted of felony has the right to vote unless he has been pardoned.
Nothing in this section contained shall be construed to deprive any person
of the right to vote who had such right at the time of the adoption of the
state constitution. After the expiration of five years from the time of the
adoption of the state constitution, no persons except citizens of the United
States have a right to vote.
History: En. Sec. 1181, Pol. C. 1895; negative act— an act done vrith intention
re-en. Sec. 462, Rev. C. 1907; re-en. Sec. of voting for someone; hence if it is the
640, R. C. M. 1921. Cal. Pol. C. Sec. 1083. purpose of voters to defeat a certain
candidate, that purpose can be accom-
NOTL.— The word "male" appearing pHghed only by voting for some person in
in the first line of the preceding section opposition to him, and not by voting for
as enacted in 1895 is omitted from this ^ person who died some weeks before
code to conform to the constitutional election with the expectation that the
amendment. vote cast for him would be counted as
. opposed to the person sought to be de-
Voting Is an Affirmative Act, Vote for feated: one who has died is no longer a
Deceased Candidate Not Counted as Op- p^^son for whom, under art. IX, sec. 2,
posed to Wnte-in Const., a voter may cast his ballot. State
The casting of a ballot at an election ex rel. Wolff v. Guerkink, 111 M 417, 426,
of public officers is an affirmative, not a 109 P 2d 1094.
163
23-303
ELECTION LAWS
References
Referred to as section 1181, of the Polit-
ical Code of 1895; in State ex rel. Ken-
nedy V. Martin, 24 M 403, 408, 62 P 588;
cited or applied as section 462, Revised
Codes, in Sonimors v. Gould, 53 M 538,
544, 165 P 599; State ex rel. Henderson
V. Dawson Co., 87 M 122, 142, 286 P 125;
State ex rel. Durland v. Board of County
Conunrs., 104 M 21, 27, 64 P 2d 1060";
State ex rel. Van Horn v. Lyon, 119 M
212, 173 P 2d 891, 892; In re Ingersol's
Estate, M , , 272 P 2d 1003, 1005.
Collateral References
Eleotions<S=>59 et seq.
29 C.J.S. Elections § 16 et seq.
18 Am. Jur., Elections, p. 212,
et seq.; p. 281. §§ 152 et seq.
§§49
Removal by executive clemency of dis-
qualification to vote resulting from con-
viction of crime as applicable in case of
conviction in federal court or court of an-
other state. 135 ALR 1493.
23-303. Qualifications of electors at elections on incurring state in-
debtedness. At all elections at which the question submitted is the incur-
ring of a state debt, the issuance of bonds or debentures by the state, other
than refunding bonds or debentures, or the levying of a state tax for any
purpose, only registered electors residing within the state and who are tax-
payers upon property therein and whose names appear upon the last com-
pleted assessment roll of some county of the state for state, county and
school district taxes, shall be qualified to vote on such question. Whenever
any such question is to be submitted at an election, other than a general
biennial state election, the county clerk of each county must cause to be
published one time in the official newspaper of the county a notice, signed
by him, stating that registration will close at noon on the thirtieth day
prior to the date for the holding of the election at which the question is to
be submitted, unless the act providing for the submission of the question
shall fix a different time for the giving of such notice and at that time
registration shall be closed. Such notice shall be published at least ten (10)
days prior to the date when registration will be closed, unless the act pro-
viding for the submission of the question shall fix a different time for such
closing of registration. Provided, that if the question is to be submitted
at a general biennial state election then such notice of the closing of regis-
tration and the closing of registration shall be controlled and governed by
the laws applying to the giving of such notice and closing of registration
for such general biennial election.
History: En. Sec. 1, Ch. 28, L. 1945.
Objection Must be Raised before Elec-
tion
The objection that a measure creates
a state debt, levy, or liability and that
therefore it should have been placed upon
a separate ballot as required by this sec-
tion, is waived if not raised before the
election. State ex rel. Graham v. Board
of Examiners, 125 M 419, 239 P 2d 283,
290.
References
Pioneer Motors v. State Highway Com-
mission, 118 M 333, 165 P 2d 796, 800.
Collateral References
State voting rights of residents of fed-
eral military establishment. 34 ALR 2d
1193.
What constitutes "conviction" within
constitutional or statutory provision dis-
franchising one convicted of crime, 36
ALR 2d 1238.
23-304. Lists and precinct registers. After the closing of registration
the county clerk of each county shall promptly prepare lists of registered
electors of all voting precincts in his county. He shall also prepare the
precinct register for each precinct in the manner provided by section 23-515,
and deliver the same to the judges of election prior to the opening of the
polls. In preparing precinct registers it shall not be necessary for the
164
QUALIFICATIONS AND PRIVILEGES OF ELECTORS 23-307
county clerk to make separate precinct registers containing only the names
of electors who are qualified to vote on the question of the incurring of a
state debt, the issuance of bonds or debentures by the state or the levying
of a state tax. In lieu of preparing such a list of electors qualified to vote
on such question, the county clerk shall stamp the word "TAXPAYER"
on the precinct register opposite the name of each qualified elector who
is a taxpayer and entitled to vote upon any of the questions hereinbefore
indicated. No other showing shall be required to estab^lish that such elector
is in fact a taxpayer and entitled to vote as such.
All of the laws of this state applying to the holding of general biennial
state elections, insofar as the same are applicable thereto and not in con-
flict with any of the provisions of this act, shall apply to, and govern and
control such election and the canvassing and return of the votes cast on
such question at such election ; and abstracts made by the several county
clerks shall be returned to the secretary of state in the manner provided
by sections 23-1812, 23-1813, for the abstract of votes for state officers.
History: En. Sec. 2, Ch. 28, L. 1945;
amd. Sec. 1, Ch. 92, L. 1949; amd. Sec. 1,
Ch. 64, L. 1959.
23-305. Duties of secretary of state and county clerks. When any such
law is to be submitted at a general biennial election, all of the provisions of
section 37-107, prescribing the duties of the secretary of state and county
clerks, shall apply to and govern and control the printing and distribution
of copies of such law.
History: En. Sec. 3, Ch. 28, L. 1945.
23-306. Repealing clause — exception. All acts and parts of acts in con-
flict herewith are hereby repealed; provided, however, that nothing in this
act shall be deemed to repeal section 23-307.
History: En. Sec. 4, Ch. 28, L. 1945.
23-307. Qualification of electors on elections concerning' state tax levy
or debt. Whenever any question is submitted at any election concerning
the creation of any tax levy for the state or the creation of any debt or
liability on the part of the state, all qualified electors who are registered
and whose names appear upon the last completed assessment roll of any
county preceding such election, shall be entitled to vote thereon. If any
elector shall be registered in any county and the name of such elector does
not appear on such last completed assessment roll for such county, but
does appear on the last completed assessment roll for any other county in
the state, such elector shall be entitled to vote on any such question in the
precinct in which he is registered, if he shall present to the county clerk and
recorder before the close of registration of the election in which he wishes
to vote, either a receipt from the treasurer of the county in which his prop-
erty is assessed on such assessment roll showing the payment of the taxes
computed against siich assessment, or a certificate from the treasurer of
such county certifying that such elector is assessed with property on such
assessment roll but that the taxes had not been paid at the time of the
issuance of such certificate. Every such certificate issued by a county
treasurer shall be dated, numbered, give the name of the elector, a brief de-
scription of the property assessed to him, with the amount of the taxes
165
23-308 ELECTION LAWS
thereon, and must be signed by such county treasurer, and such treasurer
must keep a duplicate thereof on file in his office. Whenever any such tax
receipt or treasurer's certificate is presented by a registered elector to the
county clerk and recorder he shall enter his name in the poll book of
electors entitled to vote on such question, and there shall be entered therein
the date and number of the tax receipt or certificate, the county in which is-
sued and a description of the property assessed to the elector and amount of
taxes against the same, as contained in such receipt or certificate, and such
elector shall thereupon be given the proper ballot and shall vote the same in
exactly the manner as though his name appeared on such assessment roll
for such county.
History: En. Sec. 1, Ch. 44, L. 1941.
23-308. (541) Privilege from arrest. Electors must in all cases, except
treason, felony, or breach of the peace, be privileged from arrest during
their attendance at elections, and in going to and returning therefrom.
History: En. Sec. 1183, Pol. C. 1896; Collateral References
re-en. Sec. 464, Rev. C. 1907; re-en. Sec. Elections<S='233
541, R. C. M. 1921. Cal. Pol. C. Sec. 1069. 29 C.J.S. Elections § 215.
23-309. (542) Exempt from military duty on election day. No elector
is required to perform military duty on the days of election, except in times
of war or public danger.
History: En. Sec. 1184, Pol. C. 1895;
re-en. Sec. 465, Rev. C. 1907; re-en. Sec.
542, R. C. M. 1921. Cal. Pol. C. Sec. 1070.
23-310. (543) Idiot or insane. No idiot or insane person is entitled to
vote at any election in this state.
History: En. Sec. 1185, Pol. C. 1895; CoUateral References
re-en. Sec. 466, Rev. C. 1907; re-en. Sec. Elections®=>59.
543, R. C. M. 1921. Cal. Pol. C. Sec. 1084, 29 C.J.S. Elections § 16.
23-311. (544) Who are taxpayers. The payment of a tax upon prop-
erty by any person assessed therefor on a county or city assessment roll
next preceding the election at which a question is to be submitted to the
vote of the taxpayers of the state, or to the vote of the taxpayers of such
county or city, or any subdivision thereof, constitutes such person a tax-
payer at such election.
History: En. Sec. 1188, Pol. C. 1895; taxpayers as defined by this section shall
re-en. Sec. 469, Rev. C. 1907; re-en. Sec. be entitled to vote on questions concern-
544, R. C. M. 1921. ing the creation or increasing of indebted-
NOTE.— Since the constitutional amend- "ess incident to a city water plant, it
ment granting equal rights of suffrage also supersedes this section, and a city no
to women, section 468 of the Revised Codes longer may require payment of taxes as
of Montana, 1907, has been omitted from a condition to the right of an elector on
this codification and the last line of sec- proposals to create or increase city indebt-
tion 23-311 as enacted has also been omit- edness. Weber v. City of Helena et al.,
ted. 89 M 109, 116 et seq., 297 P 455.
Operation and Effect Collateral References
Since chapter 47, Laws of 1929, implied- Elections<©=>83.
ly repeals section 5278, Revised Codes, 29 C.J.S. Elections §29.
1921 (since repealed), providing that only
166
ELECTION PRECINCTS 23-403
CHAPTER 4
ELECTION PRECINCTS
Section 23-401. Establishment of election precincts.
23-402. Change in boundaries of precinct.
23-403. City council to eertif}' ward boundaries.
23-404. County surveyor to make map of precincts.
23-405. City council to prepare map of wards.
23-406. Board to designate place in precinct for holding elections.
23-407. Proceedings where place not designated, etc.
23-401. (545) Establishment of election precincts. The territorial unit
for the conduct of elections shall be the election precinct. The board of
county commissioners of each county shall establish a convenient number of
election precincts therein having reference to equalizing the number of
electors in the several precincts as nearly as possible. Precinct boundaries
shall conform to the wards of incorporated cities of the first, second and
third class and to the boundaries of school districts of the first cla.ss only,
provided that any ward or school district may be divided into two or more
precincts and any precinct may be divided into two or more polling places.
In towns, or municipal corporations other than the cities of the first, sec-
ond and third class, election precincts may, however, include two or more
wards, or may comprise the territory included by one or more wards, to-
gether with contiguous territory lying outside the said incorporated towns.
History: En. Sec. 2, Ch. 113, L. 1911; References
amd. Sec. 2, Ch. 74, L. 1913; amd. Sec. Atkinson v. Roosevelt County et al., 71
2, Ch. 122, L. 1915; re-en. Sec. 545, R. C. j^j 155 jgi 927 p 811
M. 1921; amd. Sec. 1, Ch. 25, L. 1929. Cal. > > -
Pol. C. Sees. 1127-1132. Collateral References
Elcctions<©=>46, 48.
29 C.J.S. Elections §§ 53, 54.
23-402. (546) Change in boundaries of precinct. The board of county
commissioners may change the boundaries of precincts and create new or
consolidated established precincts, but no precinct shall be changed or
created between the first day of January and the first day of December in
any year during which a general election is to be held within the state of
Montana. All changes, alterations, or modifications in precinct boundaries
must be certified to the county clerk within three days after the order
making same shall have been made. All election precincts shall be desig-
nated by numbers but may also be designated by distinctive names in ad-
dition to such numbers.
History: En. Sec. 3, Ch. 113, L. 1911; Collateral References
amd. Sec. 3, Ch. 74, L. 1913; amd. Sec. 3, Elections<S=48
Ch. 122, L. 1915; re-en. Sec. 546, R. C. M. 29 C.J.S. Elections 8 54.
1921. ^
References
Atkinson v. Roosevelt County et al., 71
M 165, 181, 227 P 811.
23-403. (547) City cotmcil to certify ward boundaries. The city coun-
cil of all incorporated cities and towns within the state of Montana shall
certify to the county clerk and ex officio registrar of the county within
which such city or town is situated, a description of the boundaries of the
several wards within such city or town, and in like manner shall certify any
167
23-404 ELECTION LAWS
changes or alterations in such boundaries that may from time to time be
made, within ten days after the same are made.
History: En. Sec. 4, Ch. 113, L. 1911; References
amd. Sec. 4, Ch. 74, L. 1913; rmd. Sec. 4, Weber v. City of Helena et al., 89 M
Ch. 122, L. 1915; re-en. Sec. 547, R. C. M. 109, 123, 297 P 455
1921.
23-404, (548) County surveyor to make map of precincts. The county
surveyor of each county must, within ten days after the board of county
commissioners shall have established or changed the boundaries of any
election precincts within such county, deliver to the county clerk of the
count}' a map correctly showing the boundaries of all precincts and school
districts within the county as then existing.
History: En. Sec. 5, Ch. 113, L. 1911; References
amd. Sec. 5, Ch. 74, L. 1913; amd. Sec. 5, Atkinson v. Roosevelt County et al., 71
Ch. 122, L. 1915; re-en. Sec. 548, R. C. M. ^ 265 181 227 P 811
1921. ' '
23-405. (549) City council to prepare map of wards. The city council
of any incorporated city or town shall, within ten days after the ward lines
of such city or town shall have been established or changed, deliver or cause
to be delivered to the county clerk of said county a map correctly showing
the boundaries of the wards within such city or town as then existing ; such
map shall also show all streets, avenues, and alleys by name, and the re-
spective wards by numbers, with the ward boundaries clearly defined
thereon.
History: En. Sec. 6, Ch. 113, L. 1911; References
amd. Sec. 6, Ch. 74, L. 1913; amd. Sec. 6, Weber v. City of Helena et al., 89 M
Ch. 122, L. 1915; re-en. Sec. 549, R. C. M. io9 123 297 P 455
1921.
23-406. (550) Board to designate place in precinct for holding elec-
tions. The board must, at the session at which judges of election are ap-
pointed, make an order designating the house or place within the precinct
where the election must be held.
History: En. Sec. 1243, Pol. C. 1895; Collateral References
re-en. Sec. 497, Rev. C. 1907; re-en. Sec. Elections<^='203.
550, R. C. M, 1921. 29 C.J.S. Elections § 193.
References ^^ ^°^- J"^- ^51, Elections, § 113.
Atkinson v. Roosevelt County et al., 71
M 165, 181, 227 P 811.
23-407. (551) Proceedings where place not designated, etc. If the
board fails to designate the house or place for holding the election, or if it
cannot be held at the house or place designated, the judges of election, or a
majority of those acting as such in the precinct must, two days before the
election and by order, under their hand (copies of which they must at once
post in three public places in the precinct), designate the house or place.
History: En. Sec. 1244, Pol. C. 1895; re- election had not been held at the place
en. Sec. 498, Rev, C. 1907; re-en. Sec. 551, designated by the board of county com-
R. C. M. 1921. missioners, and on application for writ
of mandate to compel them to act nothing
Operation and Effect ^as shown affirmatively by pleadings or
Where a board of county canvassers otherwise that the judges of election at
refused to canvass election returns from the precinct had not pursued the above
a precinct on the ground that it appeared section giving them authority to change
upon the face of the returns that the the place of election upon two days' no-
168
REGISTRATION OF ELECTORS 23-501
tice if for any reason it cannot be held References
at the place appointed, it will be pre- Atkinson v. Eoosevelt County et al., 71
sumed that official duty was regularly j^ jgg jgj 227 P 811.
performed by them and that they did ' '
change it, and the writ will issue com- Collateral References
manding action. State ex rel. Moore v. Elections<S='203
Patch et al., 65 M 218, 225, 211 P 202. 29 C.T.S. Elections § 193.
18 Am. Jur. 251, Elections, §§ 113, 114.
CHAPTER 5
REGISTRATION OF ELECTORS
Section 23-501. County clerk as county registrar.
23-502. Registry book and card index — affidavit of voter — lost naturalization
papers.
23-503. Method of registering.
23-504. Elector infirm or residing at a distance.
23-505. Notaries and justices of the peace — deputy registrars — compensation.
23-506. Penalty for violation of act.
23-507. Hours of registration — registry cards — duty of clerk.
23-508. Procedure when applicant not qualified at time of registration.
23-509. Transfer of registration within county.
23-510. Inquiry as to previous registrations — procedure.
23-511. Cancellation of registry foi* failure to vote — reregistration — exception
of persons in United States service.
23-512. Withdrawal from cancellation of registration cards of persons in mili-
tary service.
23-513. Close of registration — procedure.
23-514. Printing and posting of lists of registered electors.
23-515. Precinct register — combining — when not furnished city or town.
23-516. Registration during period closed for election.
23-517. Cancellation of registrations.
23-518. Cancellation of registration cards, when.
23-519. Compensation of county clerks.
23-520. Copies of precinct registers.
23-521. Challenges and action to be taken thereon.
23-522. Residence, rules for determining.
23-523. Certificates of naturalization, presentation to registrar.
23-524. Voter to sign precinct register books.
23-525. Compelling entry of names in great register.
23-526. Name of voter must appear in copy of register — identification of voter.
23-527. Omission of name from precinct register — remedy.
23-528. Authority of deputy county clerk.
23-529. "Elector" defined.
23-530. "Election" defined.
23-531. Violation of act, penalty for.
23-532. Challenging of elector and administration of oath.
23-533. Acts constituting violation of law — penalty.
23-534. County commissioners to supply clerk with help.
23-501. (553) County clerk as county registrar. The county clerk of
each county of the state of Montana is hereby declared to be ex officio coun-
ty registrar of such county, and shall perform all acts and duties in this act
provided without extra pay or compensation therefor. He shall have the
custody of all registration books, cards, and papers herein provided for,
and the register hereinafter provided for to be kept by said county clerk
is hereby declared to be an official record of the office of the county clerk of
each county.
History: En. Sec. 1, Ch. 113, L. 1911; References
amd. Sec. 1, Ch. 74, L. 1913; amd. Sec. 1, Cited or applied in State ex rel. Kehoe
Ch. 122, L. 1915; re-en. Sec. 553, R. C. M. v. Stromme, 49 M 25, 139 P 1002; State
1921. Cal. Pol. C. Sees. 1094-1119. ex rel. Eagye v. Bawden, 51 M 357, 361,
169
23-502
ELECTION LAWS
152 P 761; State ex rel. Durland v. Collateral References
Board of County Commrs., 104 M 21, 28, Elections<&=100
64 P 2d 1060. 29 c.J.S. Elections § 42.
23-502. (554) Registry book and card index — affidavit of voter — ^lost
naturalization papers. The official register of electors in each county shall
be contained in a book designated "register," which book shall be so ar-
ranged in precincts and alphabetical divisions suitable to record the full
and complete information given by each elector, and a card index of which
the county clerk of such county shall at all times have the custody. The
cards shall be four by six inches in size, of white calendar stock, and shall
be so perforated that all cards in any drawer may be fastened in by a rod
passing through such perforations, which rod shall be kept locked except
when the clerk shall be making necessary changes in the register. The regis-
try book herein provided shall be in such form as shall be designated by the
secretary of state of the state of Montana. The registry card shall be sub-
stantially in the following form:
(Face.)
State of Montana, |
County of [
Number Date Name Sex
Where born Age Height Occupation
Ft.-In.
Naturalized when Where
Residence Postoffice Sec. Twp. Rg.
Length of time in Precinct Ward School Dist.
State County City
Date canceled Date registered Disability, if any
Place where last registered
State of Montana, |
County of j
, being duly sworn says: I am
the elector whose name appears on the face of this card ; the several state-
ments thereon contained affecting my qualifications as an elector are true ;
I am able to mark my ballot (or I am unable to mark my ballot by reason
of the physical disabilities on this card specified), and I am not registered
elsewhere within the state of Montana and claim no right to vote else-
where than in the precinct on this card specified, so help me God.
170
REGISTRATION OF ELECTORS 23-503
Subscribed and sworn to before me this day of , 19...
County Clerk and Ex-offieio Registrar.
By Deputy.
(Back.)
Affidavit of Lost Naturalization Papers.
State of Montana, |
County of f
ss.
, being duly sworn on oath,
says: I am the elector named on the face of this card; I am a naturalized
citizen of the United States ; my certificate of naturalization is lost or
destroyed, or beyond my present reach, and I have no certified copy
thereof; I came to the United States in the year ; I was admitted
to citizenship in the state (or territory) of
county of , by the court
during the year ; I last saw my certificate of naturalization, or a
certified copy thereof, at
Subscribed and sworn to before me this day of
19.
County Clerk and Ex-offieio Registrar.
By Deputy.
History: En, Sec. 7, Ch. 113, L. 1911;
amd. Sec. 7, Ch. 74, L. 1913; amd. Sec. 7,
Ch. 122, L. 1915; re-en. Sec. 554, R. C. M.
1921.
Collateral References
Elections®=»106, 110.
29 C.J.S. Elections §§ 39, 46, 47.
18 Am. Jur. 231, Elections, §§ 82 et seq.
Validity of statute requiring informa-
tion as to age, sex, residence, etc., as a
condition of registration. 14 ALR 260.
Propriety of test or question asked ap-
plicant for registration as voter other than
formal questions relating to specific con-
ditions of his right to registration. 76
ALR 1238.
Constitutionality of statutes in relation
to registration before voting at election
or primary. 91 ALR 349.
Non-registration as affecting legality of
votes cast by persons otherwise qualified.
101 ALR 657.
23-503. (555) Method of registering'. Any elector residing within the
county may register by appearing before the county clerk and ex officio
registrar and making correct answers to all questions propounded by the
county clerk touching the items of information called for by such registry
card, and by signing and verifying the affidavit or affidavits on the back of
such card. Any elector in the United States service who is absent from
the state of Montana and the county of which he or she is a resident may
register either (a) by mailing such registry card filled out and signed
under oath to the county clerk of the county in which said elector resides,
or (b) by mailing the federal post card application filled out and signed
under oath to said county clerk.
If any person shall falsely personate another and procure the person so
personated to be registered, or if any person shall represent his name to
the county clerk or to the registration clerk or to any other person qualified
171
23-504 ELECTION LAWS
to register an elector, to be different from what it actually is, and cause
such name to be registered, or if any person shall cause any name to be
placed upon the registry lists otherwise than in the manner provided in
this act, he shall be guilty of a felony, and upon conviction be imprisoned
in the state penitentiary for not less than one (1) nor more than three (3)
years.
History: En. Sec. 8, Ch. 122, L. 1915; 4, Ch. 172, L. 1937; amd. Sec. 1, Ch. 83,
re-en. Sec. 555, E. C. M. 1921; amd. Sec. L. 1953; amd. Sec. 1, Ch. 18, L. 1959.
23-504. (556) Elector infirm, or residing at a distance. If any elector
resides more than ten miles distant from the office of the county clerk, he
may register before the deputy registrar within the precinct where such
elector resides. If by reason of physical infirmity the elector is unable to
appear before the county clerk or any deputy registrar, he may send written
notice to the county clerk or to the deputy registrar of such disability, with
the request that his registration be made at his residence. Upon receipt of
such notice and request it shall be the duty of the county clerk or deputy
registrar, as the case may be, to make the registration of such elector at his
residence ; provided, that no greater sum than twenty-five cents may be
charged or received by any officer or person for taking the registration
of the elector herein provided for; and provided further, that no officer or
person shall be entitled to receive from any county in the state of Montana
any charge for expenses incurred by reason of the provisions of this section.
History: En. Sec. 15, Ch. 74, L. 1913; Collateral References
amd. Sec. 9, Ch. 122, L. 1915; re-en. Sec. Elections<&=106.
556, E. C. M. 1921. 29 C.J.S. Elections §§ 39, 46.
23-505. (557) Notaries and justices of the peace — deputy registrars —
compensation. All notaries public and justices of the peace are designated
as deputy registrars in the county in which they reside, and may register
electors residing in any precinct within the county and shall receive as
compensation for their services the sum of twenty-five cents (25c) for each
elector registered by them, provided that they shall receive no compensation
for their services where the elector resides less than ten (10) miles from the
county courthouse. The county commissioners shall appoint a deputy regis-
trar, other than notaries public and justices of the peace, for each precinct
in the county. Such deputy registrar shall be a qualified, taxpaying resident
elector in the precinct for which he is appointed and shall register electors
in that precinct, and shall receive as compensation for his services the sum
of twenty-five cents (25c) for each elector registered by him. Each deputy
registrar shall forward by mail, within two (2) days, all registration cards
filled out by him to the county clerk and recorder.
History: En. Sec. 10, Ch. 122, L. 1915; Collateral References
amd. Sec. 1, Ch. 38, L. 1917; re-en. Sec. Elections<S=JlOO.
557, R. C. M. 1921; amd. Sec. 5, Ch. 172, 29 C.J.S. Elections S 42.
L. 1937; amd. Sec. 1, Ch. 51, L. 1941; amd.
Sec. 1, Ch. 80, L. 1955.
23-506. Penalty for violation of act. Any person who shall make false
answers, either for himself or another, or shall violate or attempt to violate
any of the provisions of this act, or knowingly encourage another to violate
the same, or any public officer or officers, employees, deputies, or assistants,
or other persons whomsoever, upon whom any duty is imposed by this act,
172
REGISTRATION OF ELECTORS 23-508
or any of its provisions, who shall neglect such duty, or mutilate, destroy,
secrete, alter or change any such registry books, cards or records required,
or shall perform it in such way as to hinder the objects and purposes of
this act, shall be deemed guilty of a felony, shall, upon conviction thereof,
be punished by imprisonment in the state prison for a period of not less
than one (1) year or more than ten (10) years, and if such person be a
public officer, shall also forfeit his office, and never be qualified to hold
public office, either elective or appointive, thereafter.
History: En. Sec. 6, Ch. 172, L. 1937, Collateral References
Elections<®='312.
29 C.J.S. Elections § 326.
23-507. (558) Hours of registration — registry cards — duty of clerk.
The office of the county clerk shall be open for registration of voters be-
tween the hours of nine a. m. and five p. m. on all days except legal holidays.
Registry cards shall be numbered consecutively in the order of their receipt
at the office of the county clerk ; provided, however, that electors who are
registered upon the registry books in use in any county prior to the passage
and approval of this law shall retain upon their registry cards the same
number as they have severally had upon such books ; and provided also
that such electors need not again appear at the office of the county clerk
to register, but the county clerk is hereby authorized to fill out from such
registry books registry cards for all electors entitled to vote at the time
of the passage and approval of this law, transcribing from such books the
data called for by such cards. The cards so filled out from the registry
books shall be marked "transcribed" by the county clerk, and shall con-
stitute part of the official register, and shall entitle the elector represented
by each such card to vote in the same manner as if the card had been filled
out, signed and verified by such elector. The county clerk shall classify
registry cards according to the precincts in which the several electors re-
side, and shall arrange the cards in each precinct in alphabetical order.
The cards for each precinct shall be kept in a separate filing case or drawer
which shall be marked with the number of the precinct. The county clerk
shall, immediately after filling out the card index or registry cards as herein
provided, enter upon the official register of the county in the proper pre-
cinct the full information given by said elector.
History: En. Sec. 11, Ch. 122, L. 1915; Collateral References
re-en. Sec. 558, R. C. M. 1921. Electionse='105, 109, 110.
29 C.J.S. Elections §§ 39, 47.
23-508. (559) Procedure when applicant not qualified at time of regis-
tration. If any applicant for registration applies to be registered who has
not resided within the state of Montana, or the county or city, for the re-
quired length of time, and who shall be entitled to and is qualified to
register on or before the day of election, provided he answers the question
of the county clerk in a satisfactory manner, and it is made to appear to
the county clerk that he will be entitled to become a qualified elector by
the date upon which the election is to be held, the county clerk shall ac-
cept such registration. If any person applies to be registered who is not
a citizen of the United States, but states that he will be qualified to be
registered as a citizen of the United States before the date upon which the
173
23-509 ELECTION LAWS
election is to be held, the county clerk shall accept such registration, but
shall place opposite the name of such person the words, "to be challenged
for want of naturalization papers," and such person shall not be entitled
to vote unless he exhibits to the judges of election his final naturalization
papers.
History: En. Sec. 12, Ch. 113, L. 1911; Collateral References
amd. Sec. 12, Ch. 74, L. 1913; amd. Sec. El«ctions<S='106.
12, Ch. 122, L. 1915; re-en. Sec. 559, R. C. 29 C.J.S. Elections §§ 39, 46.
M. 1921.
23-509. (560) Transfer of registration within county. Every elector,
on changing his residence from one precinct to another within the same
county, may cause his registry card to be transferred to the register of the
precinct of his new residence, by executing in person a registry card as
described in section 23-502 before the deputy registrar of the new precinct
or before a notary public or justice of the peace residing within the county,
provided that the deputy registrar, notary public or justice of the peace will
receive no compensation for this service, or by a request in writing to the
county clerk of such county, in the following form :
I, the undersigned elector, having changed my residence from Precinct
No. to Precinct No. in the County of , — , State
of Montana, herewith make application to have my registry card transferred
to the precinct register of the precinct of my present residence. My regis-
tration number is
Dated at , on the day of , 19
Whenever it shall be more convenient for any elector residing outside
of an incorporated city or town to vote in another precinct in the same
political township in the county, such elector may cause his registry card
to be transferred from the precinct of his residence to such other precinct,
by filing in the office of the county clerk of such county, at least thirty (30)
days prior to any election, a request in writing in the following form :
I, the undersigned elector, herewith make application to have my regis-
try card transferred from Precinct No. - , to the register of Precinct
No. , in the County of , State of Montana. The reason
why it is more convenient for me to vote in said Precinct No. is that
Dated at on the day of , 19 —
Where the elector desires to change his place of registration within a
county by a request in writing to the county clerk as provided above, the
county clerk shall compare the signature of the elector upon such written
request, with the signature upon the registry card of the elector as indi-
cated, and may question the elector as to any of the information contained
upon such registry card, and if the county clerk is satisfied concerning the
identity of the elector and his right to have such transfer made, he shall
endorse upon the registry card of such elector the date of the transfer and
the precinct to which transferred, and shall file said card in the register
of the precinct of the elector's present residence, or of the precinct to
which he has requested that his registry card be transferred, and the
174
REGISTRATION OF ELECTORS 23-510
county clfrk shall in each case make a transfer of the elector's name, to-
gether with all data connected therewith, to the proper precinct in the
register.
Where the elector changes his place of registration within a county by
executing a new registry card in the presence of a deputy registrar, notary
public or justice of the peace as provided in the first paragraph of this
section, the county clerk shall file said new card in the register of the pre-
cinct of the elector's present residence and shall make a transfer of the
elector's name, together with all data connected therewith, to the proper
precinct in the register. The old registry card shall be marked "cancelled"
and placed in the "cancelled file" described in section 23-511.
History: En. Sec. 17, Ch. 113, L. 1911; Collateral References
amd. Sec. 17, Ch. 74, L. 1913; amd. Sec, 13, Elections®=>119
Ch. 122, L. 1915; amd. Sec. 1, Ch. 29, L. 29 C.J.S. Elections 8 52.
1919; re-en. Sec. 560, B. C. M. 1921; amd. ig Am. Jur. 239, Elections, 8 93
Sec. 2, Ch. 80, L. 1955. ' ' ^
23-510. (561) Inquiry as to previous registrations — ^procedure. That
in the case of all future registrations, as required by the election laws of
the state of Montana, it shall be the duty of the clerk to question each per-
son registering, and ascertain whether or not he has previously registered
in the state of Montana. If the person desiring to register has previously
registered, the county clerk shall enter his name in a separate file for such
purpose, which said file shall be indexed by counties. Cards for such pur-
pose shall be substantially in the following form :
NAME RESIDENCE
(City) (Comity)
BIRTHPLACE AGE
PREVIOUS RESIDENCE
(City) (County)
In compliance with the election laws of the State of Montana, I am
hereby submitting, for your information, the above named elector, who has,
on , 19 , registered as a resident entitled to vote
in county, in order that his registration may be can-
celled from the records in county, as provided by the
elections laws of the State of Montana.
Signature of elector:
Clerk and Recorder and ex officio regis-
trar
County
Immediately, and not later than three (3) days after the closing of the
registration books, the clerk shall forward the above forms to the clerk in
the county in which applicant previously voted, either by registered mail
or express, and receipt of delivery demanded, said receipt to be kept on file
with other election records.
Upon receiving such notice, it will be the duty of the clerk to im-
mediately cancel the registration of the elector in his county, being the
county in which said elector previously voted. This must be done by draw-
175
23-511 ELECTION LAWS
ing a red line through the elector's name in the register, and also through his
name on the registration card.
ffistory: En. Sec. 14, Ch. 122, L. 1915; Collateral References
re-en. Sec. 561, R. C. M. 1921; amd. Sec. Elections<©=>119.
3, Ch. 172, L. 1937. 29 C.J.S. Elections § 52.
23-511. (562) Cancellation of registry for failure to vote — rere^stra-
tion — exception of persons in United States service. Immediately after
every general election, the county clerk of each county shall compare the
list of electors who have voted at such election in each precinct, as shown
by the official poll books, with the official register of said precinct, and he
shall remove from the official register herein provided for the registry cards
of all electors who have failed to vote at such elecjtion, and shall mark each
of said cards with the word "cancelled," and shall place such cancelled
cards for the entire county in alphabetical order in a separate drawer to be
known as the "cancelled file"; but any elector whose card is thus removed
from the official register may reregister in the same manner as his original
registration was made, and the registration card of any elector who thus
reregisters shall be filed by the county clerk in the official register in the
same manner as original registration cards are filed. The county clerk
shall, at the same time, cancel, by drawing a red line through the entry
thereof, the name of all such electors who have failed to vote at such election.
In the case of an elector in the United States service who shall fail to
vote, his or her registry card shall not be cancelled, except for causes
designated under section 23-518.
History: En. Sec. 15, Ch. 122, L. 1915; L. 1941; amd. Sec. 1, Ch. 177, L. 1943;
re-en. Sec. 562, R. C. M. 1921; amd. Sec. amd. Sec. 2, Ch. 18, L. 1959.
1, Ch. 147, L. 1937; amd. Sec. 1, Ch. 144,
23-512. Withdrawal from cancellation of registration cards of persons
in military service. It shall be the duty of the county clerk of each county,
on or before the close of registration before any election to be held in the
state of Montana following the general election held in November of 1942,
to withdraw from the "cancelled file" the registration card of any person
serving in the land or naval forces of the United States, including the
members of the army nurse corps, the navy nurse corps, the women's navy
reserve, and the women's army auxiliary corps, and such other branches of
the land and naval forces as may be organized hereafter by the government
of the United States including persons engaged in the actual service of the
American national red cross association, or the united service organizations
or any similar organizations auxiliary to the land and naval forces recog-
nized by the government of the United States whose registry card has been
removed from the official register since the date of the general election held
in November of 1942, and return such card to the official register and enter
the name of such elector upon the proper registration rolls, provided that —
on or before the close of registration before any election to be held in the
state of Montana following the general election held in November of 1942 —
the county clerk is furnished an affidavit or affidavits by at least two (2)
registered electors of the county in which such elector serving in the land or
naval forces of the United States, including persons of the army nurse corps,
the navy nurse corps, the women's naval reserve, the women's army auxiliary
corps, and such other branches of the land and naval forces as may be
176
REGISTRATION OF ELECTORS 23-513
organized hereafter by the government of the United States including per-
sons engaged in the actual service of the American national red cross asso-
ciation, or the united service organizations or any similar organizations
auxiliary to the land and naval forces recognized by the government of
the United States was registered at the time of such election, setting forth
the affiants are personally acquainted with such elector and are informed
and have reason to believe such elector was engaged in active service in the
land or naval forces of the United States, including persons of the army
nurse corps, the navy nurse corps, the women's navy reserve, the women's
army auxiliary corps, and such other branches of the land and naval forces
as may be organized hereafter by the government of the United States in-
cluding persons engaged in the actual service of the American national red
cross association, or the united service organizations or any similar organiza-
tions auxiliary to the land and naval forces recognized by the government of
the United States on the day of such election and his residence is still
within the county where he is registered ; provided further, however, this
shall not apply to those registration cards which have been cancelled for
any of the causes designated under section 23-518.
History: En. Sec. 2, Ch. 177, L. 1943.
23-513. (566) Close of registration — procedure. The county clerk
shall close all registration for the full period of forty-five days prior to and
before any election. He shall immediately transmit to the secretary of state
a certificate showing the number of voters registered in each precinct in said
county. The county clerk of each county must cause to be published in a
newspaper within his county, having a general circulation therein, for thirty
days before which time when such registration shall be closed for any elec-
tion, a notice signed by him to the effect that such registration will be
closed on the day provided by law, and which day shall be specified in such
notice ; and must also state that electors may register for the ensuing elec-
tion by appearing before the county clerk at his office, or by appearing
before a deputy registrar or before any notary public or justice of the
peace in the manner provided by law. The publication of such notice must
continue for the full period of thirty days. At least thirty days before the
time when the official register is closed for any election, the county clerk
shall cause to be posted, in at least five conspicuous places in each voting
precinct at such election, notice of the time when the official register will
close for such election.
History: En. Sec. 18, Ch. 113, L. 1911; duties of the county clerk in connection
amd. Sec. 18, Ch. 74, L. 1913; amd. Sec. with the registration of electors, control
16, Ch. 122, L. 1915; amd. Sec. 1, Ch. 97, in an election on proposals to create or in-
L. 1919; re-en. Sec. 566, R. C. M. 1921. crease city indebtedness. Weber v. Citv of
Helena, 89 M 109, 112 et seq., 297 P 455.
Operation and Effect
Under this section a period of not less References
than sixty days must elapse between the Cited or applied in State ex rel. Cry-
time an election is called and the time derman v. Wienrich, 54 M 390, 399, 170
it is held. State ex rel. Eagye v. Bawden, P 942; State ex rel. Van Horn v. Lvon,
51 M 357, 361, 152 P 761. 119 M 212, 173 P 2d 891, 892.
This section impliedly adopted by chap-
ter 47, Laws of 1929 (84-4711) and sec- Collateral References
tions 23-514, 23-515, and 23-519, incorpo- Elections'S=»]05.
rated therein by reference, relating to the 29 C.J.S. Elections § 39.
177
23-514 ELECTION LAWS
23-514. (567) Printing: and posting of lists of registered eltctors. The
county clerk shall, at least 15 daj's preceding any municipal primary nomi-
nating election in towns and cities, and at least twenty (20) days preceding
any other election, cause to be printed and posted a list of all electors
entitled to be registered as shown by the official register of the county, and
who are on the precinct registers as entitled to vote in the several precincts
of such county, city or town, or school district of the first class, provided,
that if the city clerk of any city or town shall, in writing, certify to the
county clerk, not less than twenty-five (25) days before the date fixed by
law for the holding of any primary nominating election, that no petitions for
nomination under the direct primary election law for any office to be filled
at the next ensuing annual city election have been filed with such city or
town clerk, not less than thirty (30) days before the date fixed by law for
the holding of the primary nominating election, then the county clerk shall
not cause to be printed or posted such list of registered electors for such
city or town. Such printed list of registered electors shall contain the name
of the elector in full, together with his residence, giving the number and
street, or the name of the house, ( ) and in all cases
where the elector resides outside of the city or town, such printed list shall
contain the post office address of such elector, as shown by the official regis-
ter card of the elector, and the registry number. The expense of printing
said list shall be paid by said county, city or town, or school district, in
which the election is to be held. The county clerk shall cause to be posted,
not less than fifteen (15) days before any municipal primary nominating
election, and not less than twenty (20) days before any other election, as in
this act provided for, at least five (5) copies of such printed registry list
in at least five (5) conspicuous places within said precinct, a copy of the
list of registered voters herein provided for, and shall retain sufficient
number of said printed lists of registered voters in his office as may be
necessary for the convenience of the public. He shall furnish to any quali-
fied elector of any county, city or town or school district applying therefor a
copy of the same, provided, that where the list herein provided for has
been printed and posted for any primary election, the same may be used
for the election proper, following a posting in connection therewith, at the
time provided for in this section, a supplemental list giving the names of
electors who may have registered after the first list was prepared.
History: Ap. p. Sec. 24, Ch. 113, L. derman v. Wienrich, 54 M 390, 399, 170
1911; amd. Sec. 24, Ch. 74, I^ 191c>; amd. P 942; Weber v. City of Helena, 89 M 109,
Sec. 17, Ch. 122, L. 1915; amd. Sec. 2, 112 et seq., 297 P 455; State ex rel. Fisher
Ch. 97, L. 1919; amd. Sec. 1, Ch. 235, L. v. bchool Dist. No. 1, 97 M 358, 365, 34 P
1921; re-en. Sec. 667, R. C. M. 1921; amd. 2d 522; State ex rel. Wulf v. McGrath,
Sec. 1, Ch. 61, L. 1933; amd. Sec. 1, Oh. Ill M 96, 100, 106 P 2d 183.
167, L. 1945. „ „ ^ , „ ^
Collateral References
References Election8<^=109.
Cited or applied in State ex rel. Cry- 29 C.J.S. Elections § 47.
23-515. (568) Precinct register — combining — when not furnished city
or town. During the time intervening between the closing of the official
register and the day of the ensuing election, the county clerk shall prepare
for each precinct a book to be known as the "precinct register" which
shall be for the use of the clerks and judges of election in each such pre-
cinct. Such books shall be arranged for the listing of the names of the
178
ltlWf1%ATlt)N OF ELECTORS 23-517
electors in alphabetical divisidftd, each division to be composed of ruled
columns with appropriate headings, under which the information contained
upon the registry card of each elector shall be transcribed, excepting the
oath of the elector, and the certified copy of the precinct registers so pre-
pared shall be delivered to the judges of the election at or prior to the
opening of the polls in each precinct. Where the precincts in municipal
elections, or in elections in school districts of the first class, include more
than one county precinct, the county clerk shall combine into one precinct
register the names of all electors in the several precinct registers of the
precincts of which such municipal or school district precinct is composed.
The county clerk shall omit from the list of names of all certified voters
so inserted in the precinct register herein provided for, the names and
registry of all electors which it is the duty of the county clerk to cancel
under the provisions of section 23-518, provided that the requirements
contained in the provisions of said section shall have been brought to the
attention of the county clerk not less than twenty days preceding the
election. If the city clerk of any city or town shall, in writing, certify to
the county clerk, not less than twenty-five days before the date fixed by
law for the holding of any primary nominating election, that no petitions
for nomination under the direct primary election law for any office to be
filled at the next ensuing annual city election have been filed with such
city clerk, not less than thirty days before the date fixed by law for the
holding of the primary nominating election, then the county clerk shall not
prepare for the city any precinct register or precinct registers for that year.
History: En. Sec. 23, CIl 113, L. 1911; L. 1919; re-en. Sec. 568, B. C. M. 1921;
am<L Sec. 23, Oh. 74, L. 1913; amd. Sec. amd. Sec. 2, Ch. 61, L. 1933; amd. Sec. 2,
18, Ch. 122, L. 1915; amd. S«c. 3, Cfll 97, Ch. 64, L. 1959.
23-516. (569) Registration during period closed for election. When-
ever the period during which the official registry is closed preceding any
election shall occur during the time within which any elector is entitled to
register for another election, such elector shall be permitted to register for
such other election, but the county clerk shall retain his registry card in a
separate file until the official register is again open for filing of cards, at
which time all cards in such temporary file shall be placed in their proper
position in the official register.
History: En. Sec. 19, Ch. 122, L. 1915; Collateral References
re-en. Sec. 569, R. C. M. 1921. Elections<S='106.
29 C.J.S. Elections § 39.
23-517. Cancellation of registrations. In all counties within the state of
Montana, the county clerk and ex officio "registrar" shall, within five (5)
days after the first day of June, 1937, cancel all registrations of electors in
the county and shall burn all "card indexes," "registry cards" and "affi-
davits" theretofore executed and signed by any elector for the purpose
of registration; also, all copies of the registration books used at any
elections theretofore held and shall preserve the "register" theretofore used
as a permanent file of the office of the county clerk.
The county clerk must cause to be published in a newspaper of general
circulation, published in the county, a notice which shall state that all regis-
trations of electors will be cancelled as of the first day of June, 1937, and
that duly qualified electors desiring to vote at any subsequent election in
179
23-518 ELECTION LAWS
the state of Montana, are required to register in the manner and form pro-
vided for under the general registration laws, and laws amendatory thereto,
of the state of Montana. Said notice shall be published once a week for a
period of four consecutive weeks. Failure to publish said notice shall not
affect a registration of electors, nor of any election thereafter held.
History: En. Sec. 1, Ch. 172, L. 1937. Collateral References
Eeferences ElectionsO^lOS.
Wilson V. Hoisington, 110 M 20, 22, 98 '^
P 2d 369.
23-518. (570) Cancellation of registration cards, when. The county
clerk must cancel any registry card in the following cases:
1. At the request of the party registered.
2. When he has personal knowledge of the death or removal from the
county of the person registered, or when duly authenticated certificate of
the death of any elector is filed in the names of vital statistics in his office.
3. When there is presented and filed with the county clerk the separate
affidavit of three qualified registered electors residing within the precinct,
which affidavit shall give the name of such elector, his registry number and
his residence, and which affidavit shall show that of the personal knowledge
of the affiant, that any person registered does not reside or has removed
from the place designated as the residence of such elector.
4. When the insanity of the elector is legally established.
5. Upon the production of a certified copy of a final judgment of
conviction of any elector of felony.
6. Upon the production of a certified copy of the judgment of any court
directing the cancellation to be made.
7. Upon the cancellation of the registration of any elector as herein pro-
vided, the county clerk shall immediately remove from the official register
herein provided for the registry of voters and shall deface the name of such
elector on the official register by drawing a line through said entry in red
ink and the county clerk shall mark the registry card of such elector across
the face thereof in red ink with the word "cancelled" and shall place such
cancelled cards with the "cancelled file," as provided for in section 23-511.
All persons whose names are so removed, except as provided in section
23-517, and stricken from the said registration books, card indexes, and
register of electors, shall within forty-eight hours thereafter, be notified by
the county clerk in writing of such removal, by sending a notice to such per-
son to his or her post-office address, as appearing on such registration books,
card indexes, and register of electors. If any persons, whose names are
so removed, can and do prove to the county clerk that they are in fact
citizens of the United States and otherwise qualified to vote, as provided by
law of the state of Montana, then, and in tliat case, they shall be entitled to
re-register as voters.
History: En. Sec. 19, Ch. 113, L. 1911; Collateral References
amd. Sec. 19, Ch. 74, L. 1913; amd. Sec. 20, Elections®=5l08
Ch. 122, L. 1915; amd. Sec. 4, Ch. 97. L. 09 C.J.S. Elections 8 48.
1919; re-en. Sec. 570, R. C. M. 1921; amd. '^
Sec. 2, Ch. 172, L. 1937.
23-519. >(571) Compensation of county clerks. The county clerks shall
receive, for the use and benefit of the county, from every city or town, or
180
REGISTRATION OF ELECTORS 23-521
from every school district of the first class, (to which the precinct rejristers
referred to in the last section have been furnished), the sum of three ($0.03)
cents for each and every name entered in such precinct repristers, and in
addition he shall receive in like manner the amount of the actual expense
incurred in printing and posting the lists of electors, and in publishing: the
notices required by this law, and any other expense incurred on account
of any such municipal or school district election. It shall be the duty of
the city or town council, or board of school trustees, to order a warrant
drawn for such sum as may be due to the county clerk under the provisions
of this section, within thirty (30) days after the presentation of the account
to them by said county clerk, provided, however, that in event of the elec-
tion of candidates at municipal primary elections, as provided for in 11-3113,
and no general municipal election is required to be held, the county clerk
shall prepare no precinct registers for such general municipal election and
shall make no charge therefor; provided further, that in elections of school
districts of the first class if only as many candidates are nominated as
there are vacancies to be filled, the county clerk shall furnish no precinct
registers and make no charge therefor to such school district.
It shall be the duty of the city clerk or the clerk of the school district to
notify the county clerk in such case as above mentioned, where no precinct
registers are required, immediately after the facts become known to the
city council or the board of trustees of the school district, which makes
unnecessary the furnishing of such precinct registers.
History: En. Sec. 29, Ch. 113, L. 1911; M. 1921; amd. Sec. 1, Ch. 71, L. 1935;
amd. Sec. 29, Ch. 74, L. 1913; amd. Sec. amd. Sec. 3, Ch. 64, L. 1959.
21, Ch. 122, L. 1915; re-en. Sec. 571, R. C.
23-520. (572) Copies of precinct registers. The county clerk shall
furnish to any person or persons who in writing may so request, a copy of
the official precinct registers of any county, city or school district precinct,
and upon delivery thereof shall charge and collect for the use and benefit
of the county the sum of five cents for each and every name entered in such
official precinct register.
History: En. Sec. 30, Ch. 113, L. 1911; Collateral References
amd. Sec. 30, Ch. 74, L. 1913; amd. Sec. Elections^salll
22, Ch. 122, L. 1915; re-en. Sec. 572, R. C. 29 C.J.S. Elections S 50.
M. 1921. '^
23-521. (573) Challeng-es and action to be taken thereon. At any time
not later than the tenth day prior to any election, a challenge may be filed
with the county clerk, signed by a qualified elector in writing, and duly
verified by the affidavit of the elector, that the elector designated therein
is not entitled to register. Such affidavit shall state the grounds of chal-
lenge, objection and disqualification. The county clerk shall file the affi-
davit of challenge in his office as a record thereof. The county clerk
must deliver a true and correct copy of any and all of such affidavits so
filed, challenging the right of any elector to vote who has been so reg-
istered at the same time, and together with the copy of the precinct
registers and check lists, and other papers required by this act to be
delivered to the judges of election, as in this act provided, and he must
write distinctly opposite to the name of any person to whose qualification
181
23-522 ELECTION LAWS
as an elector objections may be thus made, the words, "to be challenged."
It shall be the duty of the judges of election, if on election day such per-
son who has been objected to and challenged applies to vote, to test, under
oath, his qualifications. Notwithstanding the elector is registered, his
right to vote may be challenged on the day of election by any qualified
registered elector, orally stating, to the judges of election, the grounds of
such objection or challenge to the right of any registered elector to vote.
It is the duty of the judges of election, when it appears that any
elector offers to vote and is either challenged by a duly qualified regis-
tered elector, on election day, or if an affidavit of objection to the right
of such elector to vote has been filed with the county clerk and the copy
of the precinct registers furnished to the judges of election have indorsed
thereon, opposite to the name of such elector, "to be challenged," to test
the qualifications of the elector and ask any questions that such judges
may deem proper, and shall compare the answers of the elector to such
questions with the entries in the precinct register books, and if it be
found that said elector is disqualified, or that the answers given by such
elector to the questions propounded by the judges do not correspond to
the entry in the precinct registers, or that said elector is disqualified from
any cause under the law, or if he refuses to take an oath as to his qualifi-
cations, he shall not be permitted to vote. The judges of election, in their
discretion, may require such elector to produce before them one or more
freeholders of the county, as they may deem necessary, and have them
examined under oath as to the qualifications of the elector.
History: En. Sec. 20, Ch. 113, L. 1911; References
amd. Sec. 20, Ch. 74, L. 1913; amd. Sec. Weber v. City of Helena, 89 M 109, 125,
23, Ch. 122, L. 1915; re-en. Sec. 573, R. C. '^97 p 455
M. 1921.
Collateral References
Elections<S=223.
29 C.J.S. Elections § 209.
23-522. (574) Residence, rules for determining. For the purpose of
registration or voting, the place of residence of any person must be governed
by the following rules as far as they are applicable :
1. That place must be considered and held to be the residence of a
person in which his habitation is fixed, and to which, whenever he is absent,
he has the intention of returning.
2. A person must not be held to have gained or lost a residence by
reason of his presence or absence while employed in the service of the
United States, or of this state, nor while a student at any institution of
learning, nor while kept at any almshouse or other asylum at the public
expense, nor while confined in any public prison, nor while residing on any
military reservation.
3. No soldier, seaman, or marine in the army or navy of the United
States shall be deemed a resident of this state in consequence of being sta-
tioned at any military or naval place within the same. No person shall be
deemed to have acquired a residence in the state of Montana by reason of
being employed or stationed at any United States Civilian Conservation
Corps Camp within the state of Montana or at any transient camp main-
182
REGISTRATION OF ELECTORS 23-523
tained for relief purposes by the government of the United States within
the state of Montana,
4. A person must not be considered to have lost his residence who
leaves his home to go into another state, or other district of this state, for
temporary purposes merely with the intention of returning, provided he
has not exercised the right of the election franchise in said state or district.
5. A person must not be considered to have gained a residence in any
county into which he comes for temporary purposes merely without the
intention of making such county his home.
6. If a person removes to another state with the intention of making
it his residence, he loses his residence in this state.
7. If a person removes to another state with the intention of remaining
there for an indefinite time, and as a place of present residence, he loses
his residence in this state, notwithstanding he entertains an intention of
returning at some future period.
8. The place where a man's family resides is presumed his place of
residence, but any man who takes up or continues his abode with the inten-
tion of remaining, or a place other than where his family resides, must be
regarded as a resident of the place where he so abides.
9. A change of residence can only be made by the act of removal
joined with intent to remain in another place. There can only be one
residence. A residence cannot be lost until another is gained.
10. The term of residence must be computed by including the day of
election.
History: En. Sec. 21, Ch. 113, L. 1911; mined from his acts and intent; but this
amd. Sec. 21, Ch. 74, L. 1913; amd. Sec. fact, like any other fact involved in a
24, Ch. 122, I». 1916; amd. Sec. 1, Ch. 58, civil action or proceeding, may be estab-
L. 1919; re-en. Sec. 574, E. C. M. 1921; lished by circumstantial evidence, and
amd. Sec. 1, Ch. 25, L. 1935. CaL Pol. C. any declarations of the voter touching the
Sec. 1239. subject, if a part of the res gestae, or any
declarations in disparagement of his right
toappUcable to Licensing of Auto- to vote, if made at or before the election,
mobiles j^ay be received in evidence. Sommers v.
This section, prescribing the conditions Gould, 53 M 538, 544, 165 P 599.
determining the right to vote with respect
to residence of the voter, held to have no References
bearing upon the situs of one's property Cited or applied as section 21, chapter
(an automobile) or the ownership thereof 113, Laws of 1911, before amendment, in
for purpose of taxation, or licensing. Val- Stephens v. Nacey, 49 M 230, 237, 141 P
ley County v. Thomas, 109 M 345, 386, 97 649; State ex rel. Johnson v. Kassing, 74
P 2d 345. M 25, 30, 238 P 582; Wilson v. Hoising-
ton, 110 M 20, 24, 98 P 2d 369.
Operation and Enect
Subdivision 8 of this section is in real- Collateral References
ity a rule of evidence. Carwile v. Jones, Elections<S=>72.
38 M 590, 602, 101 P 153. 29 C.J.S. Elections § 20.
The residence of a voter is to be deter- 18 Am. Jur. 216, Elections, §§ 56 et seq.
23-523. (575) Certificates of naturalization, presentation to regfistrar.
When a naturalized citizen applies for registration his certificate of naturali-
zation, or a certified copy thereof, must be produced and stamped, or written
in ink by the registry agent, with such registry agent's name and the year
and day and county where presented; but if it satisfactorily appears to
the registry agent, by the affidavit of the applicant (and the affidavit of
one or more credible electors as to the credibility of such applicant when
deemed necessary), that his certificate of naturalization, or a certified
183
23-524 ELECTION LAWS
copy thereof, is lost or destroyed, or beyond the reach of the applicant
for the time being, said registry agent must register the name of said
applicant, unless he is by law otherwise disqualified; but in case of fail-
ure to produce the certificate of naturalization, or a certified copy thereof,
the registry agent must propound the following questions :
1. In what year did you come to the United States?
2. In what state or territory, county, court, and year were you finally
admitted to citizenship?
3. Where did you last see your certificate of naturalization, or a certi-
fied copy thereof?
History: En. S6C. 22, Ch. 113, L. 1911; Collateral References
amd. Sec. 22, Ch. 74, L. 1913; amd. Sec. 25, Electionse=>106
Ch. 122, L. 1916; re-en. Sec. 575, R. C. M. 09 c.J.S. Elections 8 46.
1921. '^
23-524. (576) Voter to sign precinct register books. The judges of
election in each precinct, at every general or special election, shall, in the
precinct register book, which shall be certified to them by the county clerk,
mark a cross (X) upon the line opposite to the name of the elector, before
any elector is permitted to vote the judges of election shall require the
elector to sign his name upon one of the precinct register books, designated
by the county clerk for that purpose, and in a column reserved in the said
precinct books for the signature of electors. If the elector is not able to
sign his name he shall be required by the judges to produce two free-
holders who sliall make an affidavit before the judges of election, or one
of them, in substantially the following form :
State of Montana, |
County of \
"We, the undersigned witnesses, do swear that our names and signa-
tures are genuine, and that we are each personally acquainted with
, (the name of the elector) and that we know that
he is residing at , and that we believe that he is
entitled to vote at this election, and that we are each freeholders in the
county," which affidavit shall be filed by the judges, and returned by them
to the county clerk, with the return of the election; one of the judges
shall thereupon write the elector's name, and note the fact of his inability
to sign, and the names of the two freeholders who made the affidavit
herein provided for. If the elector fails or refuses to sign his name and
if unable to write fails to procure two freeholders who will take the oath
herein provided, he shall not be allowed to vote. Immediately after the
election and canvass of the returns, the judges of election shall deliver to
the county clerk the copy of said official precinct register sealed, with the
election returns and poll-book, which have been used at said election.
History: En. Sec. 26, Ch. 113, L. 1911; a i)riniary election, was the fault of the
amd. Sec. 26, Ch. 74, L. 1913; amd. Sec. 26, jikIk^'s and hot of the electors, and that
Ch. 122, L. 1915; re-en. Sec. 576, R. C. M. therefore their votes were legal and
1921. properlv counted. Thompson v. Chapin,
64 M 376, 383 et seq., 209 P 1060.
Operation and Effect
Held, that failure of the election .judges Collateral References
of a precinct to require the electors to Electionse=>212.
•sign the registry books before voting at 29 C.J.S. Elections § 197.
184
REGISTRATION OF ELECTORS 23-529
23-525. (577) Compelling entry of names in great register. In any
action or proceeding instituted in a district court to compel the county clerk
to make and enter the name of any elector in the precinct register, as many
persons may be joined as plaintiffs for cause of action and as many persons
as there are causes of action against may be joined as defendants.
History: En. Sec. 32, Ch. 113, L. 1911; Collateral References
re-en. Sec. 32, Ch. 74, L. 1913; re-en. Sec. Electioiis<&='107.
27, Ch. 122, L. 1915; re-en. Sec. 577, R. C. ^9 C.J.S. Elections § 46.
M. 1921.
23-526. (578) Name of voter must appear in copy of register — identifi-
cation of voter. No person shall be entitled to vote at any election men-
tioned in this act unless his name shall, on the day of election, except at
school election in school districts of the second and third class, appear in the
copy of the official precinct register furnished by the county clerk to the
judges of election, and the fact that his name so appears in the copy of
the precinct register shall be prima facie evidence of his right to vote ;
provided, that when the judges shall have good reason to believe, or when
they shall be informed by a qualified elector that the person offering to
vote is not the person who was so registered in that name, the vote of
such person shall not be received until he shall have proved his identity
as the person who was registered in that name by the oath of two reputable
freeholders within the precinct in which such elector is registered.
History: En. Sec. 35, Ch. 113, L. 1911; Collateral References
amd. Sec. 35, Ch. 74, L. 1913; amd. Sec. 28, ElectionsiS^llS
Ch. 122, L. 1915; re-en. Sec. 578, R. C. M. 29 C.J.S. Elections S 38.
1921. ^
23-527. (579) Omission of name from precinct register — remedy. Any
elector whose name is erroneously omitted from any precinct register may
apply for and secure from the county clerk a certificate of such error, and
stating the precinct in which such elector is entitled to vote, and upon the
presentation of such certificate to the judges of election in such precinct,
the said elector shall be entitled to vote in the same manner as if his name
had appeared upon the precinct register. Such certificate shall be marked
"voted" by the judges, and shall be returned by them with the precinct
register.
History: En. Sec. 29, Ch. 122, L. 1915;
re-en. Sec. 579, R. C. M. 1921; amd. Sec.
4, Ch. 64, L. 1959.
23-528. (580) Authority of deputy county clerk. Wherever in this act
the word "county clerk" appears, it shall be construed as extending and
giving authority to any regularly appointed deputy county clerk.
History: En. Sec. 36, Ch. 113, L. 1911; Collateral References
re-en. Sec. 36, Ch. 74, L. 1913; re-en. Sec. Counties^^S"
30, Ch. 122, L. 1915; re-en. Sec. 580, R. C. OQ C.J.S. Counties S 133.
M. 1921. ^
23-529. (581) "Elector" defined. The word "elector" as used in this
law, whether used with or without the masculine pronoun, shall apply
equally to male and female electors.
History: En. Sec. 31, Ch. 122, L. 1915; Collateral References
re-en. Sec. 581, R. C. M. 1921. Elections^^eS-eS.
29 C.J.S. Elections § 30.
185
23-530 ELECTION LAWS
23-530. (582) "Election" defined. The word "election," as used in this
law, where not otherwise qualified, shall be taken to apply to general,
special, primary nominating, and municipal elections, and to elections in
school districts of the first class.
History: En. Sec. 32, Ch. 122, L. 1915; 209 P 1060; Weber v. Citv of Helena
re-en. Sec. 582, R. C. M. 1921. et al., 89 M 109, 117, 297 P 4*55.
References Collateral References
Cited or applied in State ex rel. Cry- Elections<§=>31, 32.
derman v. Wienrich, 54 uL 390, 399, 170 29 C.J.S. Elections ^66.
P 942; Thompson v. Chapin, 64 M 376, 384,
23-531. (583) Violation of act, penalty for. Any person or persons, or
any officer of any county, city or town, or school district, Avho, under the
provisions of this act, are required to perform any duty, who shall wilfully
or knowingly fail, refuse, or neglect to perform such duty, or to comply Avith
the provisions of this act, shall, upon conviction, be fined in the sum of not
less than three hundred dollars, nor more than one thousand dollars, or
by imprisonment in the county jail for a period of not less than three
months and no more than one year. Upon the conviction of any officer of
the violation of the provisions of this act, the judge of the district court
hearing such proceeding shall, at the time of rendering judgment of con-
viction, include in such order of conviction an order of the court that
such officer be removed from office.
History: En. Sec. 37, Ch. 113, L. 1911; Collateral References
re-en. Sec. 37, Ch. 74, L. 1913; re-en. Sec. Election8<S='309
33, Ch.^122, L. 1915; re-en. Sec. 583, R. C. 29 C.J.S. Elections §§ 324, 334.
23-532. (584) Challenging of elector and administration of oath. If
any person offering to vote at any primary election be challenged by a judge
or any qualified elector at said election, as to his right to vote thereat, an
oath shall be administered to him by one of the judges that he will truly
answer all questions touching his right to vote at such election, and if it
appear that he is not a qualified voter under the provisions of this act,
his vote shall be rejected; and if any person whose vote shall be so
rejected shall offer to vote at the same election, at any other polling place,
he shall be deemed guilty of a misdemeanor.
History: En. Sec. 38, Ch. 113, L. 1911; Collateral References
re-en. Sec. 38, Ch. 74, L. 1913; re-en. Sec. Election80='''23
34, Ch. 122, L. 1916; re-en. Sec. 584, R. C. 29 C.J.S. Elections § 209.
M. 1921.
18 Am. Jur. 327, Elections, § 217.
23-533. (585) Acts constituting violation of law — penalty. Any person
who shall make false answers, either for himself or another, or shall violate
or attempt to violate any of the provisions of this act, or knowingly
encourage another to violate the same, or any public officer or officers,
or other persons upon whom any duty is imposed by this act, or any of
its provisions, who shall wilfully neglect such duty, or shall wilfully per-
form it in such way as to hinder the objects and purposes of this act,
shall, excepting where some penalty is provided by the terms of this act,
be deemed guilty of a felony, and upon conviction thereof shall be pun-
ished by imprisonment in the state prison for a period of not less than
186
JUDGES AND CLERKS OF ELECTIONS 23-601
one j'^ear or more than fourteen years, and if such person be a public
officer, shall also forfeit his office.
History: En. Sec, 39, Ch. 113, L. 1911; Collateral References
re-en. Sec. 39, Ch. 74, L. 1913; re-en. Sec. Elections<S=309, 318.
35, Ch. 122, L. 1915; re-en. Sec. 585, R. C. 29 C.J.S. Elections §§ 324, 331, 334.
M. 1921.
23-534. (586) County cammissioners to supply clerk with help. It shall
be the duty of the board of county commissioners of each county to provide
the county clerk thereof with sufficient help to enable him to properly per-
form the duties imposed upon him by this act, and the cost of the stationery,
printin}?, publishing, and posting to be furnished or procured by the county
clerk by the provisions of this law shall be a proper charge upon the county.
History: En. Sec. 40, Ch. 74, L. 1913; Collateral References
amd. Sec. 36, Ch. 122, L. 1915; re-en. Sec. Counties<®='134.
586, R. C. M. 1921. 20 C.J.S. Counties ^ 209.
CHAPTER 6
JUDGES AND CLERKS OF ELECTIONS
Section 23-601. Judges of election — how appointed.
23-602. Number of judges to be appointed.
23-603, Number appointed in new precincts.
23-604. Not more than a majority to be from any one political party.
23-604.1. Candidates and relatives ineligible.
23-604.2. School district elections — precinct elections.
23-605. Compensation of election officers.
23-606. Clerk to give notice to judges of appointment — electors to elect
judges in case of vacancy.
23-607. Judges to choose clerks and to serve until others appointed.
23-608. Clerks to mail to judges notices of election— form of notices.
23-609. Notices to be posted by the judges.
23-610. Oath of judges and clerk.
23-611. Judges and clerks may administer oaths.
23-612. Instructions of judges of elections.
23-601. (587) Judges of election — how appointed. The board of county
commissioners of the several counties at the regular session next preceding
a general election, must appoint five judges of election for each precinct in
which the voters therein, by the last registration, were two hundred or
more and three judges of election for each precinct in which such registra-
tion was less than two hundred, provided that in all election precincts
in which there were cast three hundred and fifty or more ballots in the last
general election or in which the board of county commissioners believe that
as many ballots as three hundred and fifty will be cast in the next general
election, the board of county commissioners may appoint a second or addi-
tional board consisting of five judges for each such precinct, who shall pos-
sess the same qualifications as the first board herein mentioned. The judges
constituting the second board for each precinct, if such second board shall
have been appointed, shall meet at their respective polling places, as desig-
nated in the order appointing them, at the time the polls are closed and at
said hour or as soon as the first board has completed their duties in regard
to the voting, the second board shall take charge of the ballot boxes con-
taining the ballots and shall proceed to count and tabulate the ballots cast
187
23-602 ELECTION LAWS
as they shall find them deposited in the ballot boxes. In the event that the
count is not completed by eight o'clock A. M. of the next following day,
the first board shall reconvene and relieve the second board and continue
said count until eight o'clock P. M., when if the count is not yet completed,
the second board shall reconvene and again relieve the first board, and so,
alternately until said board shall have fully completed the count and
certified the returns. The judges constituting the several boards shall num-
ber the ballots and count the tallies upon the tally sheets and so indicate up-
on the tally sheets as to distinctly show the work of each board separately.
The board completing the count shall make such certification of returns
as is required by law.
The board of county commissioners, notwithstanding the foregoing pro-
visions in this section contained, may however, appoint a single board of
judges for each precinct in the county, when, in the judgment of said board
of county commissioners, a second or additional board is unnecessary.
History: En, Sec. 1260, Pol. C. 1895; 29 C.J.S. Elections §§57-59, 61, 62, 224
re-en. Sec. 500, Rev. C. 1907; re-en. Sec. et seq.
f'lo?^ °' ^•«i^.^V PWi®?'-ii-.7^.^JJ' Immunity of election officer from crimi-
i" f'Jf^ T icLiS ' ^^1 arrest. 1 ALB 1160.
Sec. 1, Cn. 40, li. 194J. Result of election as affected by lack
Collateral Eeferences o^ t^t^^ ^^ ^y defective title of election
„, ^. -__. „.i . officers. 1 ALR 1535.
Elections<S=»51, 241 et seq.
23-602. (588) Number of judges to be appointed. The board of county
commissioners, notwithstanding the registration, may appoint five judges of
each precinct in which upon information obtained by them they have reason
to believe contains two hundred voters or more and three judges of election
in precincts which upon information obtained by them, they have reason
to believe was less than two hundred.
History: En. Sec. 1261, Pol. C. 1896; re-
en. Sec. 501, Rev. C. 1907; re-en. Sec. 588,
R. C. M. 1921; amd. Sec. 2, Ch. 43, L. 1923.
23-603. (589) Number appointed in new precincts. In any new precinct
established, the board of county commissioners must, in like manner, appoint
five or three judges of election, according to the estimated number of
voters therein, as required by the two next preceding sections.
History: En. Sec. 1262, Pol. C. 1895;
re-en. Sec. 502, Rev. C. 1907; re-en. Sec.
589, R. C. M. 1921.
23-604. (590) Not more than a majority to be from any one political
party. In making the appointment of judges of election, such judges must
he chosen from a list of qualified electors to be submitted by the county
central committee of the two (2) major political parties in the county at
least thirty-five (35) days prior to the regular session of the board of county
commissioners, next preceding a primary nominating election, a general or
special election, such list to contain at least twice the number of judges
to be appointed and not more than a majority of such judges must be
appointed from any one political party for each precinct and such appointee
shall be deemed to belong to the political party upon whose list his name
appears, provided that the board of county commissioners may appoint
188
JUDGES AND CLERKS OF ELECTIONS 23-607
such judges as in case of vacancy or in case any major political party fails
to submit a list of judges within the time herein provided.
History: En. Sec. 1263, Pol. C. 1896; Collateral References
re-en. Sec. 503, Rev, C. 1907; re-en. Sec. Elections€=552
590, R. C. M. 1921; amd. Sec. 1, Ch. 85, L. 29 C.J.S. Elections 8 60.
1941. Cal. Pol. C. Sec. 1143. '^
23-604.1. Candidates and relatives ineligible. No person shall be ap-
pointed to serve as an election judge or election clerk who is a candidate,
spouse of a candidate or one who is related to a candidate for office at such
election within the second degree of consanguinity.
History: En. Sec. 1, Ch. 99, L. 1961.
23-604.2. School district elections — ^precinct elections. The provisions
of this act [23-604.1, 23-604.2] shall not apply to school district elections
nor to candidates for precinct committeeman and committeewoman.
History: En. Sec. 2, Ch. 99, L. 1961.
23-605. (591) Compensation of election oflaoers. The compensation of
members of boards of election, including judges and clerks, shall be fixed
by the board of county commissioners at not to exceed one dollar ($1.00)
per hour for the time actually on duty, and must be audited by the board
of county commissioners and paid out of the county treasury.
History: En. Sec. 1173, Pol. C. 1895; re- Collateral References
en. Sec. 459, Rev. C. 1907; amd. Sec. 1, Ch. Elections<S=53
101, L. 1917; re-en. Sec. 591, R. C. M. 29 C.J.S. Elections 8 63.
1921; amd. Sec. 1, Ch. 49, L. 1945; amd. ^
Sec. 1, Ch. 117, L. 1947; amd. Sec. 1, Ch,
12, L, 1951. Cal. Pol. C. Sec. 1072.
23-606. (592) Clerk to give notice to judges of appointment — electors
to elect judges in case of vacancy. The clerk of the board must make out
and forward by mail, immediately after the appointment of the judges, a
notice thereof in writing, directed to each of them. In case there is no
postoffice in any one or more of the precincts in any county, the clerk
must forward notices of such appointment by registered mail to the post-
office nearest such precinct, directed to the judges aforesaid. If, in any
of the precincts, any of the judges refuse or neglect to serve, the electors
of such precinct may elect a judge or judges to fill vacancies on the morning
of the election, to serve at such election.
History: En. Sec. 1264, Pol. C. 1895;
re-en. Sec. 504, Rev. C. 1907; re-en. Sec,
592, R. C. M. 1921.
23-607. (593) Judges to cbopse clerks and to serve until others ap-
pointed. The judges may, Avhenever they deem it necessary for the prompt
and efficient conduct of the election within their respective polling places,
appoint two persons having the same qualifications as themselves to act as
clerks of the election. The judges shall continue to be judges of all elections
to be held in their respective precincts until other judges are appointed;
and the clerks of election continue to act as such during the pleasure of
the judges of election, and the board of county commissioners must from
time to time fill vacancies which may occur in the offices of judges of
election in any precinct within their respective counties.
189
23-608 ELECTION LAWS
History: En. Sec. 6, p. 461, Cod. Stat. re-en. Sec. 1265, Pol. C. 1895; re-en. Sec.
1871; re-en. Sec. 6, p. 71, L. 1876; re-en. 505, Rev. C. 1907; re-en. Sec. 593, R. C. M.
Sec. 520, 5th Div. Rev. Stat. 1879; re-en. 1921; amd. Sec. 2, Ch. 40, L. 1943.
Sec. 1012, 5th Div. Comp. Stat. 1887;
23-608. (594) Clerks to mail to judges notices of election — form of
notices. The clerks of the several boards of county commissioners must,
at least twenty (20) days before any general election, make and forward
by mail to such judge or judges as are designated by the county com-
missioners, three written notices for each precinct, said notices to be sub-
stantially as follows :
Notice is hereby given that on the first Tuesday after the first ^londay
of November, 19...., at the house , in the county of ,
an election will be held for (naming the offices to be filled,
including electors of president and vice-president, a representative in
Congress, state, county and township officers), and for the determination of
the following questions (naming them), the polls of which election will
be open at 8 :00 A.M. and continuing open until 8 :(X) P.]\I. of the same day.
Dated this day of , A.D. 19
Signed A. B., clerk of the board of county commissioners.
History: Ap. p. Sec. 7, p. 461, Cod. Stat. Sec. 1266, PoL C. 1895; re-en. Sec. 506,
1871; re-en. Sec. 7, p. 71, L. 1876; re-en. Rev. C. 1907; re-en. Sec. 594, R. C. M.
Sec. 521, 5th Div. Rev. Stat. 1879; re-en. 1921; amd. Sec. 2, Ch. 167, L. 1945; amd.
Sec. 1013, 5th Div. Comp. Stat. 1887; amd. Sec. 1, Ch. 14, L. 1957.
23-609. (595) Notices to be posted by the judges. The judges to whom
such notice is directed, as provided in the next preceding section, must cause
to be put up in three of the most public places in each precinct the notices
of election in such precinct, at least ten days previous to the time of
holding any general election, which notices must be posted as follows : One
at the house where the election is authorized to be held, and the others at
the two most public and suitable places in the precinct.
History: Ap. p. Sec. 8, p. 72, L. 1876; Collateral References
re-en. Sec. 522, 5th Div. Rev. Stat. 1879; Elections<S=>42
re-en. Sec. 1014, 5th Div. Comp. Stat. 1887; 29 C..T.S. Elections 8 74
amd. Sec. 1267, Pol. C. 1895; re-en. Sec. '*
507, Rev. C. 1907; re-en. Sec. 595, R. C. M.
1921.
23-610. (596) Oath of judges and clerk. Previous to votes being taken,
the judges and clerks of election must take and subscribe the official oath
prescribed by the constitution. It is lawful for the judges of election, and
they are hereby empowered, to administer the oath to each other, and to
the clerks of the election.
History: En. Sec. 1268, Pol. C. 1895;
re-en. Sec. 508, Rev. C. 1907; re-en. Sec.
596, R. C. M. 1921. Cal. Pol. 0. Sec. 1148.
23-611. (597) Judges and clerks may administer oaths. Any member
of the board, or either clerk thereof, may administer and certify oaths re-
quired to be administered during the progress of an election.
History: En. Sec. 1269, Pol. C. 1896; Collateral References
re-en. Sec. 509, Rev. C. 1907; re-en. Sec. jt]lections<^-~>54.
597, R. C. M. 1921. 29 C.J.S. Elections § 57.
23-612. Instructions of judges of elections. Before each election,
general or primary, all judges appointed to act at said election, who do not
190
ELECTION SUPPLIES 23-702
possess a certificate of instruction as provided for in this act, shall be in-
structed by a person delegated by the board of county commissioners in
regard to the powers, duties, and liabilities imposed upon election judges
by the election laws of the state of Montana. For the purpose of giving
such instruction, the delegate of the board of county commissioners shall
call such meeting or meetings of the judges of election as shall be neces-
sary. Each judge of election shall attend such meeting or meetings and
receive at least two (2) hours of instruction, and as compensation for the
time spent in receiving such instruction, each judge that shall serve in the
election shall receive the sum of one dollar ($1.00) per hour of instruction,
to be paid to him at the same time and in the same manner as compensa-
tion is paid to him for his or her services on election day.
Upon the completion of the two (2) hours of instruction, the judge shall
receive a certificate from the person delegated by the board of county
commissioners from whom he or she received instruction, that the instruc-
tion has been completed, provided that no certificate of instruction shall
be valid for a period of greater than two (2) years. No person shall serve
as a judge of election unless this certificate has been received, provided,
however, that this shall not prevent the appointment of a judge of election
to fill a vacancy in an emergency. Notice of place and time of instruction
of the political judges must be given by the board of county commissioners
to the county chairmen of the two major political parties in the county.
History: En. Sec. 1, Ch. 210, L. 1957.
CHAPTER 7
ELECTION SUPPLIES
Section 23-701. County commissioners to furnish poll-books.
23-702. Form of poll-book.
23-703. Want of form not to vitiate.
23-704. County commissioners to have blanks prepared.
23-705. Clerk to deliver ballots and stamps to judges of election — stamp, what
to contain.
23-706. Ballot-boxes.
23-707. Size of the opening of the ballot-box.
23-708. Ballot-box to be exhibited.
23-709. County clerk to have printed instructions to the electors.
23-710. Forms for transmission of election returns.
23-711. Copying total vote cast for each candidate.
23-712. Posting and mailing blanks.
23-713. Penalty for failure to comply with law.
23-701. (598) County commissioners to furnish poll-books. The board
of county commissioners of each county must furnish for the several election
precincts in each county poll-books after the forms hereinafter prescribed.
History: En. Sec. 1300, Pol. C. 1895; Collateral References
re-en. Sec. 517, Rev. C. 1907; re-en. Sec. Elections<S=>212
598, R. C. M. 1921 29 C.J.S. Elections § 197.
Cross-Reference
County commissioners to furnish poll
books, sec. 16-1156.
23-702. (600) Form of poll-book. The following is the form of poll-
books to be kept in duplicate by the judges and clerks of election :
191
23-703
ELECTION LAWS
Poll-Book of Precinct No.
Number and names of electors voting.
No.
Name.
No.
Name.
No.
Name.
Total number of votes cast at precinct No
"We, the undersigned, judges and clerks of an election held at precinct
No , in the county of , in the state of Montana,
on the day of , 19 , having first been severally
sworn according to law, hereby certify that the foregoing is a true state-
ment of the number and names of the persons voting at said precinct at
said election, and that the following named persons received the number
of votes annexed to their respective names for the following described
oflSces to-wit :
Governor,
A. B., Votes
C. D., Votes
Members of Legislative Assembly.
Senate. House of Representatives
E. F., Votes. G. H., Votes
Certified and signed by us.
Clerks.
}• Judges.
History: En. Sec. 1302, Pol. C. 1895;
re-en. Sec. 619, Rev. C. 1907; re-en. Sec.
600, R. C. M. 1921. Cal. Pol. C. Sec. 1174.
References
Cited or applied in Stephens v. Nacey,
47 M 479, 485, 133 P 361.
23-703. (601) Want of form not to vitiate. No poll-book or certificate
returned from any election precinct must be set aside or rejected for want
of form, nor on account of its not being strictly in accordance with the di-
rections of this chapter, if it can be satisfactorily understood.
History: En. Sec. 1303, Pol. C. 1895; References
re-en. Sec. 520, Rev. C. 1907; re-en. Sec. cited or applied in Stephens v. Nacey,
601, R. C. M. 1921. Cal. Pol. C. Sec. 1175. 47 m 479, 485, 133 P 361.
23-704. (602) County commissioners to have blanks prepared. The
necessary printed blanks for precinct registers, pollbooks, tally sheets, lists
of electors, tickets, and returns, together with envelopes in which to inclose
the returns, must be furnished by the boards of county commissioners to
the officers of each election precinct at the expense of the county.
History: En. Sec. 1174, PoL C. 1895;
re-en. Sec. 460, Rev. C. 1907; re-«n. Sec.
602, R. 0. M. 1921; amd. Sec. 5, Ch. 64,
L. 1959.
192
ELECTION SUPPLIES 23-708
23-705. (603) Clerk to deliver ballots and stamps to judges of election
— stamp, what to contain. Before the opening of the polls, the county
clerk, or the city clerk in the case of municipal elections, must deliver to the
judges of election of each election precinct Avhich is within the county
(or within the municipality in case of municipal election) and in which
the election is to be held, at the polling place of the precinct, the proper
number of election ballots as provided for in section 23-1117. He must also
deliver to said judges a rubber or other stamp, with ink pad, for the pur-
pose of stamping or designating the official ballots as hereinafter provided.
Said stamp must contain the words "Official Ballot," the name or number of
the election precinct, the name of the county, the date of the election, the
name and official designation of the clerk who furnishes the ballots. The
judge of election to whom the stamps and ballots are given pursuant to
this section must be the same person who may be designated by the com-
missioners to post the notices required by section 23-608. But in case it be
impracticable to deliver such stamps and ballots to such judge then they
may be delivered to some other one of the judges of election.
History: Ap. p. Sec. 20, p. 140, L. 1889; 19 M 273, 286, 48 P 1; Harrington v.
amd. Sec. 1356, Pol. C. 1895; re-en. Sec. Crichton, 53 M 388, 391, 164 P 537; State
547, Rev. C. 1907; re-en. Sec. 603, R. C. M. ex rel. Riley v. District Court et al., 103
1921. M 576, 588, 64 P 2d 115.
References Collateral References
Cited in connection with related sec- EIections<S='163.
tions in State ex rel. Brooks v. Farnsham, 29 C.J.S. Elections § 155.
23-706. (604) Ballot-boxes. There shall be provided at the expense of
the county, for each polling precinct, a substantial ballot-box or canvas
pouch with a secure lock and key for the ballots and detached stubs as here-
inafter provided for. There shall be one opening, and no more in such box
or canvas pouch, of sufficient size to admit a single folded ballot. The
adoption of the canvas pouch to be used instead of the ballot-box, in
any precinct, shall be optional with the commissioners of each county,
but in such precincts where pouches are so adopted, the pouches shall
be returned to the county clerk together with the other election returns,
as by law provided.
History: Ap. p. Sec. 1270, Pol. C. 1895; Collateral References
amd. Sec. 1, Ch. 88, L. 1907; re-en. Sec. Elections<©=>217
510, Rev. C. 1907; re-en. Sec. 604, R. C. M, 29 C.J.S. Elections §§ 194, 204.
1^1- 18 Am. Jur. 321, Elections, § 209.
23-707. (605) Size of the opening of the ballot-box. There must be an
opening in the lid of such box of no larger size than shall be sufficient to
admit a single folded ballot.
History: En. Sec. 18, p. 463, Cod. Stat. Sec. 1271, Pol. C. 1895; re-en. Sec. 511,
1871; re-en. Sec. 17, p. 74, L. 1876; re-en. Rev. C. 1907; re-en. Sec. 605, R. C. M.
Sec. 531, 5tli Div. Rev. Stat. 1879; re-en. 1921.
Sec. 1023, 5tli Div. Comp. Stat. 1887; re-en.
23-708. (606) Ballot-box to be exhibited. Before receiving any ballots,
the judges must, in the presence of any persons assembled at the polling
place, open and exhibit the ballot-box and remove any contents therefrom,
and then close and lock the same, delivering the key to one of their mem-
bers, and thereafter the ballot-box must not be removed from the polling
193
23-709 ELECTION LAWS
place or presence of the bystanders until all the ballots are counted, nor
must it be opened until after the polls are finally closed.
History: Ap. p. Sec. 18, p. 463, Cod. amd. Sec. 1272, PoL C. 1895; re-en. Sec.
Stat. 1871; re-en. Sec. 17, p. 74, L. 1876; 512, Rev. C. 1907; re-en. Sec. 606, R. C. M.
re-en. Sec. 531, 5th Div. Rev. Stat. 1879; 1921. Cal. Pol. C. Sec. 1162.
re-en. Sec. 1023, 5th Div. Comp. Stat. 1887;
23-709. (607) County clerk to have printed instructions to the electors.
The county clerk of each county must cause to be printed in large type on
cards, in the English language, instructions for the guidance of electors
in preparing their ballots. He must furnish six cards to the judges of
election in each election precinct, and one additional card for each fifty
registered electors, or fractional part thereof, in the precinct, at the same
time and in the same manner as the printed ballots. The judges of election
must post not less than one of such cards in each place or compartment
provided for the preparation of ballots, and not less than three of such
cards elsewhere in and about polling places upon the day of election. Said
cards must be printed in large, clear type, and must contain full instruc-
tions to the voters as to what should be done, viz. :
1. To obtain ballots for voting.
2. To prepare the ballots for deposit in the ballot-boxes.
3. To obtain a new ballot in the place of one spoiled by accident or
mistake. Said card must also contain a copy of sections 94-1407, 94-1411,
94-1412, 94-1413, 94-1414 and 94-1415. There must also be posted in each
of the compartments, or booths, one of the official tickets, as provided in
sections 23-1101 to 23-1116, without the official stamp, and not less than
three such tickets posted elsewhere in and about the polling places upon
the da}" of election.
History: En. Sec. 1273, PoL C. 1895; Collateral References
re-en. Sec. 513, Rev. C. 1907; re-en. Sec. Elections<3=216.
607, R. C. M. 1921. CaL PoL C. Sec. 1207. 29 C.J.S. Elections § 205,
23-710. (608) Forms for transmission of election returns. In sending
out election supplies to each precinct for each general election, it shall be
the duty of the county clerk in each county to send with such supplies not
less than six printed forms, with a return envelope, for the use of judges
of election in transmitting election returns for public information. Said
printed forms shall be in ballot form on tinted paper, and the name of
each candidate and each proposition voted on shall be printed on said
blank. Brief instructions for the use of said blank, as contained in this
act, shall also be printed on said blank.
History: En. Sec. 1, Ch. 12, L. 1915; county clerk, is to facilitate the publica-
re-en. Sec. 608, R. C. M. 1921. tion of the results; they are not a part of
the election returns and are not required
Operation and Efifect to be transmitted to the cleik in sealed
The sole puroose of the tinted sheets packages. Dubie v. Batani, 97 M 4G8, 478,
provided for by sections 23-710 to 23-713, 37 P 2d 662.
on which judges of election must sum-
marize the result of the vote and cause Collateral References
a copy thereof to be posted at the polling ElectionsC=>247.
l)lace and one to be transmitted to the 29 C.J.S. Elections § 229.
23-711. (609) Copying total vote cast for each candidate. As soon as
all of the ballots have been counted in any precinct, it shall be the duty of
the election judges to correctly copy the total vote cast for each candidate
194
NOMINATIONS FOR SPECIAL ELECTIONS 23-801
and the total vote cast for and against each proposition on the blanks fur-
nished by the county clerk, as provided in the preceding section.
History: En. Sec. 2, Ch. 12, L. 1915; References
re-en. Sec. 609, R. C. M. 1921. Dubie v. Batani, 97 M 468, 478, 37 P 2d
662.
23-712. (610) Posting and mailing blanks. One of said blanks, proper-
ly filled out, shall be posted forthwith at the polling place; and one copy,
correctly filled out, shall be sent by mail or by messenger, when the same
can be done without expense, to the county clerk. Said copy may be sent
by the same messenger carrying the oflficial election returns, but the same
shall not be inclosed or sealed with the other returns.
ffistory: En. Sec. 3, Ch. 12, L. 1915; References
re-en. Sec. 610, R. C. M. 1921. Dubie v. Batani, 97 M 468, 478, 37 P
2d 662.
23-713. (611) Penalty for failure to comply with law. Any judge of
election, or other officer, who shall fail or refuse to comply with the pro-
visions of this act, shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be fined in any sum not exceeding fifty dollars.
History: En. Sec. 4, Ch. 12, L. 1915; Collateral References
re-en. Sec. 611, R. C. M. 1921. Elections«©='314.
„ ^ 29 C.J.S. Elections § 327.
References
Dubie V. Batani, 97 M 468, 478, 37 P 2d
662.
CHAPTER 8
NOMINATION OF CANDIDATES FOR SPECIAL ELECTIONS BY CONVENTION
OR PRIMARY MEETINGS OR BY ELECTORS
Section 23-801. Convention or primary meeting defined — vacancies.
23-802. Certificates of nomination, vrhat to contain.
23-803. Certificate, where filed.
23-804. Certificates of nomination otherwise made.
23-805. Certificate not to contain certain things — one person not to be nomi-
nated for more than one office.
23-806. Certificates to be preserved one year.
23-807. When certificates to be filed.
23-808. Nominees to pay prescribed filing fee.
23-809. Secretary of state to certify to county clerk names of persons
nominated.
23-810. Declination of nomination — municipal elections.
23-811. Vacancies may be filled^ by further certificates.
23-812. Errors, how corrected.
23-813. Qualification of voter at primary election.
23-814. Who entitled to vote.
23-815. Judges.
23-816. Clerk.
23-817. Challenges — oatli — penalty.
23-818. Fraudulent voting or counting.
23-819. Unlawful interference.
23-820. Penalties.
23-801. (612) Convention or primary meeting defined — vacancies. Any
convention or primary meeting held for the purpose of making nominations
to public office, or the number of electors required in this chapter, may
nominate candidates for public office to be filled by election in the state. A
195
23-801
ELECTION LAWS
convention or primary meeting within the meaning of this chapter is an
organized assemblage of electors or delegates representing a political party
or principle, and in the event a vacancy shall happen by death or resigna-
tion in the representation from any congressional district of the state of
Montana in the house of representatives of the Congress of the United
States, only the electors residing within such congressional district shall vote
at any such convention or primary meeting held for the purpose of making
nominations to fill such vacancy.
History: En. Sec. 2, p. 135, L. 1889;
amd. Sec. 1310, Pol. C. 1895; re-en. Sec.
521, Rev. C. 1907; re-en. Sec. 612, R. C. M.
1921; amd. Sec. 1, Ch. 26, L. 1945. Cal.
Pol. C. Sec. 1186.
Definition
In the following case the supreme court,
without directly citing this section, de-
fined a political convention as "an or-
ganized assemblage of electors or dele-
gates representing a political party or
principle," and convention representation
as "a gathering of electors springing
from the electors who compose a political
party or adhere to a political principle."
Where it appeared that a convention
was participated in by twenty-one elec-
tors of the county who appeared in re-
sponse to personal invitation, and after
acting as a county convention then pro-
ceeded to hold a state convention, no
call for a state convention having ever
been given or delegates elected to either
convention, and no notice published
throughout the state or county of the
gathering of the new party, the nomina-
tion of a county ticket and presidential
electors by such convention was a nullity.
State ex rel. Metcalf v. Johnson, 18 M
548, 552, 46 P 533; State ex rel. Woody
V. Rotwitt, 18 M 502, 46 P 370.
New Political Parties
Since the initiative primary law was
not enacted to prevent nominations but
to subject them to public regulation and
control as far as possible and did not
repeal this section so far as it relates to
political parties coming into existence
after the holding of the primary elec-
tion, this section was the only law under
which the socialist party organized in
September, 1922, could proceed to make
its nominations. State ex rel. Mills v.
Stewart, 64 M 453, 464, 210 P 465.
Held, under chapter 7, Laws of 1927
(23-909), providing that a political party
which did not cast at least three per cent
of the total vote cast for representative
in congress at the next preceding general
election, or a new party about to be
formed, may make nominations for public
office by the convention system provided
for by this section. State ex rel. Foster
et al. V. Mountjoy, 83 M 162, 168 et seq.,
271 P 446.
Operation and Effect
This and the two succeeding sections,
recognize systems of conventions and pri-
mary meetings held to nominate candi-
dates for public office. Such conventions
are meant to be organized assemblages of
electors or delegates fairly representing
the entire body of electors of the politi-
cal party which may lawfully vote for
the candidates of any such convention.
Where, therefore, a judicial district com-
prises two counties, the nomination of
a candidate for district judge by a poli-
tical party at a county convention com-
posed of delegates of that county alone,
without the other having been represent-
ed or having an opportunity to partici-
pate in the proceedings, such action was
a mere nullity. State ex rel. Woody v.
Rotwitt, 18 M 502, 506 et seq., 46 P 370.
Where a political club composed of four
hundred members nominated a county
ticket at a meeting of some fifty mem-
bers, and no call for a convention was
ever made nor any person ever elected
as a delegate to a convention, nor any
notice given that a convention was to be
lield, such proceedings were not those of
an organized assemblage of delegates rep-
resenting a political party within the
meaning of this section. State ex rel.
Russell v. Tooker, 18 M 540, 543 et 'seq.,
46 P 530.
A mass meeting in one of two counties
composing a judicial district, called with-
out notice, except to those present at the
final adjournment of a regular county
convention, for the announced purpose
of formulating a protest to the action of
the convention, has no authority to name
delegates to represent the county in a
state and judicial convention in place of
those named by the regular county con-
vention; and delegates named by such
meeting, though recognized and seated by
the state convention, have no authority
to represent the county in the judicial
convention, and a nomination made by it
is invalid, because the electors of both
counties are not represented. State ex
rel. Scharnikow v. Hogan, 24 M 383, 392,
62 P 583. See also State ex rel. Gilchrist
V. Weston, 27 M 185, 191, 70 P 519.
196
NOMINATIONS FOR SPECIAL ELECTIONS
23-802
Where a call for a mass convention of
electors stated that the object was to
organize central committees opposed to
corporate rule, and to give the voters of
the state an opportunity to vote for men
free from corporate control, but failed to
state that the convention was to assemble
to nominate candidates for any office
whatever, it was not a call of the electors
of the state to assemble and select candi-
dates for public office. State ex rel.
Athey v. Hays, 31 M 233, 236, 78 P 486.
Id. A mass convention of electors can
make nominations of candidates for pub-
lic office only where such convention was
called for that purpose. If the conven-
tion could not make such nominations
because the call of the convention did not
set forth such purpose, a committee ap-
pointed by the convention was without
authority to make the nominations.
Partisan nominations of candidates for
judicial offices are recognized by this and
the next two succeeding sections. State
ex rel. Holliday v. O'Leary, 43 M 157,
167, 115 P 204.
Held, that since the primary election
law is made applicable only to general
elections, fails to provide for the nomina-
tion of candidates to be voted for at spe-
cial elections, and does not repeal prior
statutes on the latter subject, this section
and section 23-804, are still in force, and
therefore nomination of candidates to be
voted for at special elections must be
made pursuant to the provisions of either
this section or section 59-707. State ex
rel. Reibold v. Duncan, 55 M 380, 177 P
250.
The nomination for presidential electors
is a nomination for public office. State
ex rel. Wheeler v. Stewart, 71 M 358, 363
et seq., 230 P 366.
The primary election law applies to all
situations where it can be made reason-
ably operative. Where a county treasurer,
elected in November, 1942 for a four-
year term ending March 1, 1947, died after
he had qualified and before commencement
of the term for which he was elected, the
appointee of the county commissioners
under art. XVI, sec. 5, Const., would hold
until next general election on November
7, 1944, and procedure under primary law
sections 23-901 et seq. and art. XVI, sec.
5, supra, is controlling. A vacancy occur-
ring after the primary and prior to the
general election or at any other inappli-
cable time authorizes nomination under
this section or 23-804, section 23-909 then
not applying. LaBorde v. McGrath, 116
M 283, 286, 149 P 2d 913.
Nominees to be placed on ballot at
special election to fill vacancy resulting
from death of representative in Congress
must be chosen pursuant to this section
or section 23-804 and not by special nomi-
nating election. Bottomly v. Ford, 117 M
160, 167, 157 P 2d 108.
References
Cited or applied in State ex rel. Mitchell
V. District Court, , M , 275 P 2d 642,
647.
Collateral References
Elections®=>125.
29 C.J.S. Elections §§ 91, 104.
18 Am. Jur., Elections, p. 256, §§ 118 et
seq.; p. 265, § 134; p. 272, § 142; p. 275,
§§ 146 et seq.
Constitutionality of statute relating to
power of committee or officials of politi-
cal party. 62 ALE 924.
Extent of power of political party, com-
mittee or officer to exclude persons from
participating in its primaries as voter or
candidates. 70 ALR 1501.
Political principles or affiliations as
ground for refusal of government officials
to take steps necessary to representation
of party or candidate upon official ticket.
130 ALR 1471.
Personal liability of public officer for
breach of duty in respect of election or
primary election laws, 153 ALR 109.
23-802. (613) Certificates of nomination, what to contain. All nomina-
tions made by such convention or primary meeting must be certified as
follows : The certificate of nomination, which must be in writing, must con-
tain the name of each person nominated, his residence, his business, his busi-
ness address, and the office for which he is named, and must designate,
in not more than five words, the party or principle which such conven-
tion or primary meeting represents, and it must be signed by the presiding
officer and secretary of such convention or primary meeting, who must add
to their signatures their respective places of residence, their business, and
business addresses. Such certificates must be delivered by the secretary or
the president of such convention or primary meeting to the secretary of
the state or to the county clerk, as in this chapter required.
197
23-803
ELECTION LAWS
History: En. Sec. 3, p. 136, L. 1889;
re-en. Sec. 1311, Pol. C. 1895; re-en. Sec.
522, Rev. C. 1907; re-en. Sec. 613, R. C. M.
1921. Cal. Pol. C. Sec. 1187.
Operation and Effect
The requirement of this section is evi-
dently designed to guide the proper officer
in printing the ballot, so that he may
group the candidates and distinguish them
by this designation. State ex rel. Ken-
nedy V. Martin, 24 M 403, 406, 62 P 588.
Under tliis section all convention nomi-
nations of one party must be contained
in a single certificate, and a separate
certificate for each nominee cannot be
filed. State ex rel. Galen v. Havs, 31 M
227, 230, 78 P 301.
References
Cited or applied in State ex rel. Mitchell
V. District Court, . M . , 275 P 2d 642,
647.
Collateral References
Elections<&=138.
29 C.J.S. Elections § 135.
18 Am. Jur. 262, Elections, § 129.
23-803. (614) Certificate, where filed. Certificates of nomination of
candidates for offices to be filled by the electors of the entire state, or of
any division or district greater than a county, must be filed with the secre-
tary of state. Certificates of nomination for countj^ township, and precinct
officers must be filed with the clerks of the respective counties wherein the
officers are to be elected. Certificates of nomination for municipal officers
must be filed with the clerks of the respective municipal corporations where-
in the officers are to be elected. The certificate of nomination of joint
member of the house of representatives must be filed in the offices of the
county clerks of the counties to be represented by such joint member.
History: En. Sec. 4, p. 136, L. 1889; their local officers, the certificate of a
candidate for district judge of a district
containing only one county is, like that
of a county officer, to be filed with the
clerk of the county. State ex rel. Doran
V. Hays, 27 M 174, 177, 70 P 321.
re-en. Sec. 1312, Pol. C. 1895; re-en. Sec.
523, Rev. C. 1907; re-en. Sec. 614, R. C. M.
1921. Cal. Pol. C. Sec. 1189.
Operation and Effect
An error in the certificate of nomina-
tion filed in accordance with this section,
consisting of a misnomer in the name of
the party which the convention represent-
ed, renders such certificate insufficient and
void. State ex rel. Scharnikow v. Hogan,
24 M 397, 401, 62 P 683.
A district judge is a state officer, but
there is no provision in this section requir-
ing the certificate of nomination of such
an officer from a district containing only
a single county to be filed with the sec-
retary of state. In this regard, therefore,
there is no s])ecific provision enjoining
any duty upon this officer. In view of
the policy of the statute and constitution,
however, which appears to be that the
nomination and election of officers in any
county of the state shall be controlled
exclusively by the electors therein and
References
Referred to, in connection with related
sections, as section 1312, Political Code,
in State ex rel. Woody v. Rotwitt, 18 M
502, 506, 46 P 370; cited or applied as
section 1312, Political Code, in State ex
rel. Scharnikow v. Hogan, 24 M 379, 380,
62 P 493; as section 523, Revised Codes, in
State ex rel. Hollidav v. O'Learv, 43 M
157, 167, 115 P 204; State ex rel.'Wheeler
V. Stewart, 71 M 358, 365, 230 P 366; State
ex rel. Mitchell v. District Court, M
, 275 P 2d 642, 648.
Collateral References
Elections<3=139.
29 C.J.S. Elections § 137.
18 Am. Jur. 262, Elections, § 130.
23-804. (615) Certificates of nomination otherwise made. Candidates
for public office may be nominated otherwise than by convention or primary
meeting in the manner following:
A certificate of nomination, containing the name of a candidate for the
office to be filled, with such information as is required to be given in
certificates provided for in section 23-802, must be signed by electors resid-
ing within the state and district, or political division in and for which the
officer or officers are to be elected, in the following required numbers:
198
NOMINATIONS FOR SPECIAL ELECTIONS
23-805
The number of signatures must not be less in iiumbor than five per
cent of the number of votes cast for the successful candidate for the same
oflfice at the next preceding election, whether the said candidate be state,
county, township, municipal, or any other political division or subdivision
of state or count}'; but the signatures need not all be appended to one
paper. Each elector signing a certificate shall add to his signature his
place of residence, his business, and his business address. Any such cer-
tificate may be filed as provided for in the next preceding section of this
chapter, in the manner and with the same effect as a certificate of nom-
ination made by a party convention or primary meeting.
situations where it can be made rcn son-
History: En. Sec. 5, p. 136, L. 1889;
re-en. Sec. 1313, Pol. C. 1895; re-en. Sec.
524, Rev. C. 1907; re-en. Sec. 615, R. C. M.
1921. Cal. Pol. C. Sec. 1188.
Operation and Effect
In the case cited below the court
refrained from deciding the question
whether, under the section of the politi-
cal code corresponding with the above,
a certificate of nomination to be valid
must contain the designation of a party
or principle, but was disposed to regard
it as contemplating simply the candidacy
of one not a nominee of a party — an in-
dependent or elector's candidate. When
all the statutes were read with relation
to the different conditions contemplated,
it was not prepared to say that the in-
formation referred to in said section
necessarily extended to more than the
name, residence, business address, and the
of&ce for whieli the candidate was nomi-
nated. It was decided that a candidate
for district judge could not, by petitions,
have his name placed on the ticket of a
regular party in existence. State ex rel.
Woodv V. Eotwitt, 18 M 502, 509, 46 P
370.
A candidate for presidential elector, is
a candidate for public office within the
meaning of this section and may there-
fore be nominated independently.
Also held that this section providing
that candidates for public office may be
nominated otherwise than by convention
or primary meeting, to-wit, by petition,
is applicable to the nomination of inde-
pendent candidates. State ex rel. Wheel-
er V. Stewart, 71 M 358, 365, 230 P 366.
The primary election law applies to all
ably operative. Where a county treasurer,
elected in November, 1942 for a four-
year term ending March 1, 1947, died after
he had qualified and before commencement
of the term for which he was elected,
the appointee of the county commissioners
under art. XVI, sec. 5, Const., would hold
until next general election on November 7,
1944, and procedure under primary law
sections 23-901 et seq. and art. XVI, sec.
5, supra, is controlling. A vacancy occur-
ring after the primary and prior to the
general election or at any other in-
applicable time authorizes nomination un-
der this section or 23-801, section 23-909
then not applying. LaBorde v. McGrath,
116 M 283, 286, 149 P 2d 913.
Nominees to be placed on ballot at
special election to fill vacancy resulting
from death of representative in congress
must be chosen pursuant to this section
or section 23-801 and not by special nomi-
nating election. Bottomly v. Ford, 117 M
160, 167, 157 P 2d 108.
References
Cited or applied as section 524, Revised
Codes, in State ex rel. Haviland v. Beadle,
42 M 174, 176, 111 P 720; State ex re!.
Holliday v. O'Leary, 43 M 157, 165, 115
P 204; State ex rel. Rowe v. Kehoe, 49 M
582, 584, 144 162; State ex rel. Reibold
V. Duncan, 55 M 376, 383, 177 P 248;
State ex rel. Foster et al. v. Mountjoy,
83 M 162, 168, 271 P 168.
Collateral References
Elections<®=143, 144.
29 C.J.S. Elections §§ 108, 109, 110, 135.
23-805. (616) Certificate not to contain certain thing's — one person not
to be nominated for more than one office. No certificate of nomination
must contain the name of more than one candidate for each office to be
filled. No person must join in nominating more than one person for each
office to be filled, and no person must accept a nomination to more than one
office.
History: En. Sec. 6, p. 136, L. 1889;
re-en. Sec. 1314, PoL C. 1895; re-en. Sec.
525, Rev. C. 1907; re-en. Sec. 616, R. C. M.
1921. Cal. Pol. C. Sec. 1190.
199
23.806 ELECTION LAWS
Operation and Effect by the committee, and the names of such
Wliere the same committee appointed nominees were not entitled to places on
by a mass convention nominated two the official baHot. State ex rel. Athey
tickets, composed of different persons as ^- Hays, 31 M 233, 237, 78 P 486.
Collateral References
candidates for the same offices, such a
proceeding was not only wrong, but ille-
gal, and was within the inhibition of this Elections<®=>144.
section. This could not have been done 29 C.J.S. Elections §§ 108, 135.
by the convention, nor could it be done
23-806. (617) Certificates to be preserved one year. The secretary of
state and the clerks of the several counties and of the several municipal
corporations must cause to be preserved in their respective offices for one
year all certificates of nomination filed under the provisions of this chapter.
All such certificates must be open to public inspection under proper regu-
lations to be made by the officers with whom the same are filed.
History: En. Sec. 7, p. 137, L. 1889; v. District Court, , M , 275 P 2d 642,
re-en. Sec. 1315, Pol. C. 1895; re-en. Sec. 648.
526, Eev. C. 1907; re-en. Sec. 617, E. C. M.
1921. Cal. Pol. C. Sec. 1191. Collateral References
Elections<S='145.
References 29 C.J.S. Elections § 137.
Cited or applied in State ex rel. Mitchell 18 Am. Jur. 262, Elections, § 130.
23-807. (618) When certificates to be filed. Certificates of nomination
to be filed with the secretary of state must be filed with the secretary of
state after the primary election and not less than ninety (90) days before
the date fixed by law for the election. Certificates of nomination herein di-
rected to be filed with the county clerk must be filed after the primary
election and not less than ninety (90) days before the election. Certificates
of nomination of candidates for municipal offices must be filed with the
clerks of the respective municipal corporations not more than thirty (30)
days and not less than fifteen (15) days previous to the day of election;
but the provisions of this section shall not be held to apply to nominations
for special elections or to fill vacancies.
History: En. Sec. 8, p. 137, L. 1889; original nominations made at a party con-
amd. Sec. 1316, Pol. C. 1895; re-en. Sec. vention cannot be filed less than thirty
527, Rev. C. 1907; re-en. Sec. 618, R. C. M. days before election. State ex rel. Galen
1921; amd. Sec. 1, Ch. 64, L. 1925; amd. v. Hays, 31 M 227, 230, 78 P 301.
Sec. 1, Ch. 105, L. 1943; amd. Sec. 1, Ch.
259, L. 1947; amd. Sec. 1, Ch. 160, L. 1949. References
Cal. Pol. C. Sec. 1192. Cited or applied in State ex rel. Mitchell
v. District Court, M , 275 P 2d 642,
Operation and Effect g4g.
This section, requiring certificates of
nomination to be filed with the secretary Collateral References
of state not more than sixty nor less than Elections<S='145.
thirty days (since amended) before elec- 29 C.J.S. Elections § 137.
tion, is mandatory, and a certificate of
23-808. (618.1) Nominees to pay prescribed fiUng fee. All candidates
nominated under the provisions of this chapter, shall, upon filing the cer-
tificate of nomination as provided by sections 23-803 and 23-807, pay to the
officer with whom the certificates of nomination are required to be filed, the
fees provided bj- section 23-910, and such filing fee shall be paid by
every person whose name appears upon the ballot at any general election,
regardless of the method pursued to secure nomination, provided, however,
that only one filing fee shall be required from any candidate, regardless of
200
NOMINATIONS FOR SPECIAL ELECTIONS
23-810
the method used in having his name placed upon such general election bal-
lot.
History: En- Sec. 1, Ch. 28, L. 1933.
Collateral References
EIections<S='139, 145.
29 C.J.S. Elections § 137.
18 Am. Jur. 259, Elections, § 125.
23-809. (619) Secretary of state to certify to county clerk names of
persons nominated. Not less than forty-five (45) nor more than ninety (90)
days before an election to fill any public office, the secretary of state must
certify to the county clerk of each county within which any of the electors
may by law vote for candidates for such office, the name and description of
each person nominated, as specified in the certificates of nomination filed
with the secretary of state.
History: En. Sec, 9, p. 137, L. 1889;
re-en. Sec. 1317, Pol. C. 1895; re-en. Sec.
528, Rev. C. 1907; re-en. Sec. 619, R. C. M.
1921; amd. Sec. 1, Ch. 58, L. 1925; amd.
Sec. 1, Ch. 104, L. 1943. Cal. Pol. C. Sec.
1193.
Application
The provisions of this section, a general
statute, are in conflict with the special
provisions of section 72-101, a special stat-
ute, which applies specifically and ex-
clusively to the filling of vacancies occur-
ring in the board of railroad commission-
ers of the state of Montana. State ex rel.
Mitchell V. District Court, M , 275
P 2d 642, 646.
The time limitations prescribed in this
section has no application to an election to
fill a vacancy in the board of railroad
commissioners created by the resignation
of a regularly elected railroad commis-
sioner where, such commissioner defers
and withholds the effective date of his
resignation until but 32 days remain be-
tween such effective date and the day of
the general election. State ex rel. Mitchell
v. District Court, M , 275 P 2d 642,
647.
Operation and Effect
It is by means of the certificate men-
tioned in this section that the county
clerk is informed how to prepare the of-
ficial ballot for the electors. The secre-
tary of state cannot certify a candidate
nominated by electors, as the candidate of
a political party, for clearly he is not
such a candidate and has no place in a
group of candidates certified as nominated
by a regular political party convention or
organization, under the name of the party
making such nomination. State ex rel.
Woody V. Rotwitt, 18 M 502, 510, 511,
46 P 370.
References
Cited or applied as section 1317, Politi-
cal Code, in State ex rel. Scharnikow v.
Hogan, 24 M 379, 380, 62 P 493; State
ex rel. Wheeler v. Stewart, 71 M 358, 363,
230 P 366; State ex rel. Bevan v. Mount-
joy, 82 M 594, 597 et seq., 268 P 558.
Collateral References
Elections<©=>156.
29 C.J.S. Elections § 135.
23-810. (620) Declination of nomination — ^municipal elections. When-
ever any person nominated for public office, as in this chapter provided,
shall at least twenty days before election, except in the case of municipal
election, in writing, signed by him, notify the office with whom the certifi-
cate nominating him is by this chapter to be filed, that he declines such
nomination, such nomination shall be void. In municipal elections, such
declination shall be made at least five days before the election.
History: En. Sec. 11, p. 138, L. 1889; References
re-en. Sec. 1319, Pol. C. 1895; re-en. Sec. Referred to as section 1319, Political
529, Rev. C. 1907; re-en. Sec. 620, R. C. M. Code, in State ex rel. Kehnedy v. Martin,
1921; amd. Sec. 1, Ch. 15, L. 1925. Cal. 24 M 403, 408, 62 P 588.
Pol. C. Sec. 1192. ' '
Operation and Effect
An election will not be declared void
by reason of non-prejudicial defects in
the nominating certificate. Stackpole v.
Hallahan, 16 M 40, 51 et seq., 40 P 80.
Collateral References
Elections®='146.
29 C.J.S. Elections § 95.
201
23-811
ELECTION LAWS
23-811. (621) Vacancies may be filled by further certificates. If any
person so nominated dies before the printing of the tickets, or declines the
nomination as in this chapter provided, or if any certificate of nomination
is or becomes insufficient or inoperative from any cause, the vacancy or va-
cancies thus occasioned may be filled in the manner required for original
nomination. If the original nomination was made by a party convention
which had delegated to a committee the power to fill vacancies, such com-
mittee ma}', upon the occurring of such vacancies, proceed to fill the same.
The chairman and secretary of such committee must thereupon make and
file with the proper officer a certificate setting forth the cause of the va-
cancy, the name of the person nominated, the office for which he was nomi-
nated, the name of the person for whom the new nominee is to be substi-
tuted, the fact that the committee was authorized to fill vacancies, and such
further information as is required to be given in an original certificate of
nomination. The certificate so made must be executed in the manner pre-
scribed for the original certificate of nomination, and has the same force and
effect as an original certificate of nomination. When such certificate is filed
with the secretary of state he must, in certifying the nominations to the
various county clerks, insert the name of the person who has thus been
nominated to fill a vacancy in place of the name of the original nominee.
And in the event he has already transmitted his certificate he must forth-
with certify to the clerks of the proper counties the name and description
of the person so nominated to fill a vacancy, the office he is nominated for,
the party or political principle he represents and the name of the person
for whom such nominee is substituted.
History: En. Sec. 12, p. 138, L. 1889;
re-en. Sec. 1320, Pol. C. 1895; re-en. Sec.
630, Rev. C. 1907; re-en. Sec. 621, R. C. M.
1921. Cal. Pol. C. Sec. 1192.
Operation and Effect
This section does not forbid a political
convention from appointing and delegat-
ing to a committee power to make nomi-
nations for office, and a nomination made
by such committee after tlie adjournment
of the convention is in effect the act of
the convention, and therefore valid. State
ex rel. Piggott v. Benton, 13 M 306, 325
et seq., 34 P 301.
Where a convention of a political party
has made a nomination, and authorized
its committee to fill vacancies, and there
is an error in the certificate of nomina-
tion filed, consisting of a misnomer of
the party which the convention repre-
sented, such error renders the certificate
void, thereby creating a vacancy to be
filled by the committee as provided in
this section, construed as section 1320 of
the Political Code. State ex rel. Schar-
nikow V. Hogan, 24 M 397, 399 et seq.,
62 P 683.
This section is silent touching the time
within which must be filed the certificate
of nomination made by a committee to
fill a vacancy occasioned by the insuffi-
ciency of the certificate of the original
nomination. When a convention has made
a nomination, and has authorized its com-
mittee to fill any vacancy that may occur,
the filling of tlie vacancy by the commit-
tee upon tlie death or resignation of the
candidate, or because the original cer-
tificate of nomination was or became in-
sufficient or inoperative, may be made at
any time before the day of election. State
ex rel. Scharnikow v. Hogan, 24 M 397,
402, 62 P 683; State ex rel. Galen v. Hays,
31 M 227, 231, 78 P 301.
The inadvertent failure to include the
name of a convention nominee for a cer-
tain office in the certificate of nomina-
tions renders the certificate insufficient,
within the meaning of this section, and
entitles the proper committee to fill the
vacancv. State ex rel. Galen v. Hays, 31
M 227," 231, 78 P 301.
References
Referred to as section 1320, Political
Code, in State ex rel. Kennedy v. Martin,
24 M 403, 408, 62 P 588.
Collateral References
ElectionsC=>147.
29 C.J.S. Elections §§ 93, 94, 136, 166.
202
NOMINATIONS FOR SPECIAL ELECTIONS 23-815
23-812. (622) Errors, how corrected. Whenever it appears by affidavit
that an error or omission has occurred in the publication of the name or
description of a candidate nominated for office, or in the printing of the
ballots, the district court of the county may, upon application of any
elector, by order require the county or municipal clerk to correct such
error, or to show cause why such error should not be corrected.
History: En. Sec. 19, p. 140, L. 1889; to be so regarded, and whose names, unless
re-en. Sec. 1322, Pol. C. 1895; re-en. Sec. stricken off the official ballot, will be
532, Rev. C. 1907; re-en. Sec. 622, R. C. M. erroneously printed thereon. State ex rel.
1921. Brooks v. Fransliam, 19 M 273, 288, 48 P 1.
Operation and Effect References
This section contemplates and author- Cited or applied as section 1322, Polit-
izes the institution of proceedings to cure, ical Code, in State ex rel. Seharnikow v.
not alone clerical omissions or errors, Hogan, 24 M 383, 392, 62 P 583.
but likewise extends to instances of de-
fects by way of omissions of names of Collateral References
candidates from the ballot, as well as to Elections<S=>158.
erroneous insertions of names .of persons 29 C.J.S. Elections §§90, 138.
as candidates who are not in fact entitled
23-813. (623) Qualification of voter at primary election. No person
shall be entitled to vote at any caucus, primary meeting, or election, held by
any political party, except he be an elector of the state and county within
which such caucus, primary meeting, or election is held, and a legal resi-
dent of the precinct or district within which such caucus, primary meeting,
or election is held, and the limits of which said precinct or district are
fixed and prescribed by the regularly chosen and recognized representatives
of the party issuing the call for such caucus, primary meeting, or election.
History: En. Sec. 1330, Pol. C. 1895; Collateral References
re-en. Sec. 533, Rev. C. 1907; re-en. Sec. Elections<3='125,- 126(4).
623, R. C. M. 1921. 29 C.J.S. Elections §§91, 104, 115.
18 Am. Jur. 281, Elections, §§ 152 et seq.
23-814. (624) Who entitled to vote. No person shall be entitled to vote
at any caucus, primary meeting, or election, who is not identified with the
political party holding such caucus, primary meeting, or election, or who
does not intend to act with such political party at the ensuing election,
whose candidates are to be nominated at such caucus or primary meet-
ing. And no person, having voted at any primary meeting or election of
any political party whose candidates are to be or have been nominated,
shall be permitted to vote at the primary meeting or election of any other
political party whose candidates are to be or have been nominated and to
be voted for at the same general or special election.
History: Ap. p. Sec. 1331, Pol. C. 1895; Collateral References
amd. Sec. 1, p. 115, L. 1901; re-en. Sec. Elections<S='125, 126(4).
534, Rev. C. 1907; re-en. Sec. 624, R. C. M. 09 C.J.S. Elections §§ 91, 104, 115 et seq.
1921. 18 Am. Jur., Elections, p. 212, §§49 et
seq.; p. 281, §§ 152 et seq.
23-815. (625) Judges. Three judges, who shall be legal voters in the
precinct where such caucus or primary meeting is held, shall be chosen by
the qualified voters of said precinct or district, who are present at the
opening of such caucus or primary meeting, and said judges shall be
empowered to administer oaths and affirmations, and they shall decide all
questions relating to the qualifications of those voting or offering to vote
203
23-816 ELECTION LAWS
at such caucus or primary meeting, and they shall correctly count all votes
cast and certify the results of the same.
ffistory: En. Sec. 1332, Pol. C. 1895;
re-en. Sec. 535, Rev. C. 1907; re-en. Sec.
625, R. C. M. 1921.
23-816. (626) Clerk. The judges shall select one of their number who
shall act as clerk, and the clerk must keep a true record of each and every
person voting, with their residence, giving the street and number and post-
office address.
History: En. Sec. 1333, Pol. C. 1895; Collateral References
re-en. Sec. 536, Rev. C. 1907; re-en. Sec. Elections<S=>125
626, R. C. M. 1921. Cal. Pol. C. Sec. 1229. 29 C.J.S. Elections § 91.
18 Am. Jur. 201, Elections, §§ 31 et seq.
23-817. (627) Challenges — oath — penalty. Any qualified voter may
challenge the right of any person offering to vote at such caucus or primary
meeting, and in the event of such challenge, the person challenged shall
swear to and subscribe an oath administered by one of the judges, which
oath shall be substantially as follows:
"I do solemnly swear that I am a citizen of the United States, and
am an elector of this county and of this precinct where this primary is
now being held, that I have been and now am identified with the party
or that it is my intention bona fide to act with the party, and identify
myself with the same at the ensuing election, and that I have not voted
at any primary meeting or election of any other political party whose can-
didates are to be voted for at the next general or special election."
If the challenged party takes the oath above prescribed he is entitled
to vote ; provided, in case a person taking the oath as aforesaid shall
intentionally make false answers to any questions put to him by any one of
the judges concerning his right to vote at such caucus or primary meet-
ing or election, he shall, upon conviction be deemed. guilty of perjury, and
shall be punished by imprisonment in the penitentiary for a term of not
less than one year nor more than three years.
History: Ap. p. Sec. 1334, Pol. C. 1895; Collateral References
amd. Sec. 2, p. 115, L. 1901; re-en. Sec. Elections®='125; Perjury<S=55.
537, Rev. C. 1907; re-en. Sec. 627, R. C. M. 29 C.J.S. Elections 8 91; 70 C.J.S. Per-
1921. Cal. Pol. C. Sec. 1230. jury § 21.
18 Am. Jur. 327, Elections, § 217.
23-818. (628) Fraudulent voting or counting. It shall be unlawful for
any judge of any caucus for primary meeting or primary election to know-
ingly receive the vote of any person whom he knows is not entitled to vote,
or to fraudulently or wrongfully deposit any ballot or ballots in the ballot-
box, or take any ballot or ballots from the ballot-box of said caucus or pri-
mary election, or fraudulently or wrongfully mix any ballots with those
cast at such caucus or primary election, or knowingly make any false
count, canvass, statement, or return of the ballots cast or vote taken at
such caucus or primary election.
History: En. Sec. 1335, Pol. C. 1895; CoUateral References
re-en. Sec. 538, Rev. C. 1907; re-en. Sec. Election3<3=>125, 126(6).
628, R. C. M. 1921. 29 C.J.S. Elections §§ 91, 118,
204
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-820
23-819. (629) Unlawful interference. No person shall, by bribery or
other improper means or device, directly or indirectly, attempt to influence
any elector in the casting of any ballot at such caucus or primary meeting,
or deter him in the deposit of his ballot, or interfere or hinder any voter
at such caucus or primary meeting in the full and free exercise of his
right of suffrage at such caucus or primary meeting.
History: En. Sec. 1336, Pol. C. 1895; Cross-Reference
re-en. Sec. 539, Rev. C. 1907; re-en. Sec. Bribery of electors at conventions, pen-
629, R. C. M. 1921. jilty, sec. 94-1418.
23-820. (630) Penalties. Any person or persons violating any of the
provisions of this act, except as provided in section 23-817, shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished by a fine
of not less than fifty dollars, nor more than two hundred and fifty dollars,
or by imprisonment in the county jail not less than three months nor more
than twelve months, or by both such fine and imprisonment, in the dis-
cretion of the court.
History: En. Sec. 3, p. 116, L. 1901; Collateral References
re-en. Sec. 540, Rev. C. 1907; re-en. Sec. Elections<S=309 et seq.
630, R. C. M. 1921. 29 C.J.S. Elections § 324.
CHAPTER 9
PARTY NOMINATIONS BY DIRECT VOTE— THE DIRECT PRIMARY
Section 23-901. Construction of law.
23-902. Date of holding primary election — purpose of.
23-903. Primary nominating election notices.
23-904. Application of law to cities and towns.
23-905. Emergency clause.
23-906. Counting of ballots.
23-907. Form of tally sheets— canvass of votes.
23-908. Poll-books, precinct register, and tally sheets to be sealed and re-
turned.
23-909. Political party nominations made exclusively as herein provided.
23-910. Petitions for nomination to be filed.
23-911. Form of petition for nomination.
23-912. Time for filing petitions for nominations.
23-913. Register of candidates.
23-914. Register of candidates is public record — disposition of poll-books, tally
sheets, ballots, etc.
23-915. Vacancies in nominations, how filled.
23-916. Arrangement and notice of nominations.
23-917. Arrangement of ballots and notice.
23-918. Supplies printed and furnished by county.
23-919. Ballots, how arranged, printed and voted.
23-920. Official and sample ballots — preparation and number.
23-921. Canvass of returns.
23-922. Duties of county clerk after canvass of vote — state canvass.
23-923. Error in ballot or count.
23-924. Secfetary of state may send for returns.
23-925. Penalty for official misconduct.
23-926. Notice of contest.
23-927. Service of notice — contest — how heard.
23-928. Contest — how tried and decided.
23-929. County and city central committeemen, how elected.
23-930. National committeemen — selection and term.
23-931. Penalty for violation of law.
23-932. Candidates to formulate state platform.
23-933. Penalty for bribery, etc.
205
23-901 ELECTION LAWS
23-934. Gcueral penal laws applicable.
23-935. Forgery and suppression of nomination j)apers.
23-936. General laws applicable to this enactment.
23-901. (631) Construction of law. Whenever the provisions of this
law in operation prove to be of doubtful or uncertain meaning, or not suf-
ficiently explicit in directions and details, the general laws of Montana, and
especially the election and registration laws, and the customs, practice,
usage, and forms thereunder, in the same circumstances or under like con-
ditions, shall be followed in the construction and operation of this law, to
the end that the protection of the spirit and intention of said laws shall be
extended so far as possible to all primary elections, and especially to all
primar}^ nominating elections provided for by this law. If this proposed law
shall be approved and enacted by the people of Montana, the title of this
bill shall stand as the title of the law.
History: En. Sec. 1, Initiative Measure Nominees to be placed on ballot at spe-
Nov. 1912; re-en. Sec. 631, R. C. M. 1921. cial election to fill vacancy resulting from
Cal. Pol. C. Sees. 1357-1380. death of representative in congress must
be chosen pursuant to section 23-801 or
Operation and Effect section 23-804 and not by special primary
The so-called anti-fusion statute was nominating election. Bottomly v. Ford, 117
not impliedly repealed by the primary M 160, 162, 157 P 2d 108.
election law. State ex rel. Metcalf v.
Wileman, 49 M 436, 437, 143 P 565. References
Under the rule that where two statutes Cited or applied as Laws of 1913, p. 570,
are enacted at the same time on the same in Cadle v. Town of Baker, 51 M 176,
subject, they must be construed together 181, 149 P 960; Thompson v. Chapin, 64
and effect given to both if possible, held M 376, 383, 209 P 1060; State ex rel.
that the provisions of the primary law Alills v. Stewart. 64 M 453, 464, 210 P 465;
(Laws 1913, p. 570), and the corrupt prac- LaBorde v. McGrath, 116 M 283, 288, 149
tices act (Id. p. 593), insofar as they P 2d 913 (referring to sees. 23-901 through
refer to election contests, provide a com- 23-936, the Primary Election Law),
plete and workable system, omitting sec-
tion 30 of the primary laws. Wilkinson Collateral References
V. La Combe, 59 M 518, 520, 197 P 836. Elections «S=>126(1).
29 C.J.S. Elections §§91, 111.
23-902. (632) Date of holding primary election — purpose of. On the
first Tuesday of June, preceding any general election not including special
elections to fill vacancies, municipal elections in towns and cities, irrigation
district and school elections, at which public officers in this state and in any
district or county are to be elected, a primary nominating election shall be
held in accordance with this act in the several election precincts comprised
within the territory for which such officers are to be elected at the ensuing
election, which shall be known as the primary nominating election, for the
purpose of choosing candidates by the political parties, subject to the pro-
visions of this act, for United States senators and representatives, in Con-
gress and all other elective state, district and county officers, and delegates
to any constitutional convention or conventions that may hereafter be
called, who are to be chosen, at the ensuing election wholly by electors
within the state, or any subdivision of this state, and also for choosing and
electing county central committeemen and committeewomen by the sev-
eral parties subject to the provisions of this act.
History: En. Sec. 2, Initiative Measure 1953 (Referendum Measure adopted No-
Nov. 1912; re-en. Sec. 632, R. C. M. 1921; vember 2, 1954 efifective December 7,
amd. Sec. 1, Ch. 118, L. 1925; amd. Sec. 1, 1954); amd. Sec. 1, Ch. 266, L. 1955; amd.
Ch. 3, L. 192^; amd. Sec. 12, Ch. 214, L. Sec. 1, Ch. 274, L. 1959.
206
PARTY NOMINATIONS — THE DIRECT PRIMARY
23-904
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 463, 210 P 465; State ex rel.
Foster et al. v. Mountjoy, 83 M 162, 166,
271 P 446; State ex rel. Wulf v. McGrath,
111 M 96, 99, 106 P 2d 183; LaBorde v.
McGrath, 116 M 283, 288, 149 P 2d 913;
Bottomly v. Ford, 117 M 160, 164, 157 P 2d
108.
Collateral References
Elections<^'126(l).
29 C.J.S. Elections §§91, 111.
18 Am. Jur. 275, Elections, §§ 146 et
seq.
Determination of controversies within
political party. 20 ALR 1035.
Validity of public election as affected
by fact that it was held at time other
than that fixed by law. 121 ALR 987.
Constitutionality, construction, and ap-
plication of statutes regarding party af-
filiations or change thereof as affecting
eligibility to nomination for public office.
153 ALR 641.
Power of political party or its officials
to withdraw nominations. 155 ALR 186.
23-903. (633) Primary nominating election notices. It shall be the
duty of the county clerk, twenty (20) days before any primary nominating
election, to prepare printed notices of such election, and mail two of said
notices to each judge and clerk of election in each precinct; and it shall
be the duty of the several judges and clerks immediately to post said
notices in public places in their respective precincts. Said notices shall be
substantially in the following form :
PRIMARY NOMINATING ELECTION NOTICE
Notice is hereby given that on . , the
day of , 19 , at the , in the precinct of
. , Montana, a primary nominating election will be
held at which the (insert the names of political parties subject to this law)
will choose their candidates for state, district, county, precinct and other
offices, namely (here name the offices to be filled, including a senator in
congress, delegates to anj' constitutional convention then called, and candi-
dates for county central committeemen to be elected) ; which election will
be held at ten o'clock A.M., and will continue until eight o'clock P.M. of
said day; provided that in precincts having less than one hundred (100)
registered electors the polls must be opened at one o'clock in the afternoon
of election day and must be kept open continuously until eight o'clock
P.M. of said day, when they must be closed ; provided further, that when-
ever all registered electors in any precinct have voted the polls shall be
immediately closed.
Dated this day of , 19 —
^— , county clerk.
History: En. Sec. 3, Initiative Measure
Nov. 1912; re-en. Sec. 633, R. C. M. 1921;
amd. Sec. 3, Ch. 167, L. 1945; amd. Sec. 2,
Ch. 207, L. 1955.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 463, 210 P 465; State ex rel.
Wulf V. McGrath, 111 M 96, 100, 106 P
2d 183.
Collateral References
Elections'S=3l26(2).
29 C.J.S. Elections § 117.
23-904. (634) Application of law to cities and towns. The nomination
of candidates for municipal offices by the political parties, subject to the
provisions of this law, shall be governed by this law in all incorporated
towns and cities of this state having a population of thirty-five hundred and
upward as shown by the last preceding national or state census. All peti-
tions by the members of such political parties for placing the names of can-
207
23-905 ELECTION LAWS
didates for nomination for such municipal offices on the primary nominating
ballots of the several political parties shall be filed with the city clerk of
said several towns and cities, and it shall be the duty of such officers to
prepare and issue notices of election for such primary nominating elections
in like manner as the several county clerks perform similar duties for nom-
ination by such political parties for county offices at primary nominating
elections. The duties imposed by this law on the county clerks at primary
nominating elections are hereby, as to said towns and cities, designated
to be the duties of the city clerk of said towns and cities as to primary
nominating elections of the political parties, subject to the provisions of
this law, provided, that in cities and towns the primary nominating election
shall be held on the fourteenth day preceding their municipal elections. If
no petitions for nomination under this law for any office to be filled at
the next ensuing annual city election is filed with the city clerk of any
city, not less than 30 days before the date fixed by law for the holding of
a primary nominating election, then there shall be no primary election held
within such city, and the city clerk shall, not less than twenty-five days
before the date fixed for the holding of the primary nominating election,
certify to the county clerk of the county in which such city or town is
situated that no petition for nomination under the direct primary election
law for any office to be filled at the next ensuing annual election has been
filed with such city clerk within the time provided by law. Under the
provisions of this law the lawfully constituted legislative and executive
authorities of cities and town, within the provisions of this section, shall
have such power and authority over the establishing of municipal voting
precincts and wards, municipal boards of judges and clerks of election
and other officers of their said municipal election, and other matters per-
taining to municipal primary nominating elections required for such cities
and towns by this law, such legislative and executive authorities have over
the same matter at their municipal elections for choosing the public officers
of said cities and towns.
History: En. Sec. 4, Initiative Measure References
Nov. 1912; amd. Sec. 1, Ch. 88, L. 1921; Wilkinson v. La Combe, 59 M 518, 520,
re-en. Sec. 634, R. C. M. 1921; amd. Sec. 197 P 836; State ex rel. Mills v. Stewart,
1, Ch. 62, L. 1933. 64 M 453, 464, 210 P 465.
23-905. (635) Emergency clause. This act is declared to be an emer-
gency law, and a law necessary for the immediate preservation of the public
peace and safety.
History: En. Sec. 3, Ch. 88, L. 1921; Collateral References
re-en. Sec. 635, R. C. M. 1921. Elections<S=>126(l).
29 C.J.S. Elections § 91.
23-906. (636) Counting of ballots. Immediately after the closing of
the polls at a primary nominating election, the clerks and judges of election
shall open the ballot-boxes at each polling place and proceed to take there-
from the ballots. Said officers shall count the number of ballots cast by each
political party, at the same time bunching the tickets cast for each politi-
cal party together in separate piles, and shall then fasten each pile sepa-
rately by means of a brass clip, or may use any means which shall effectu-
ally fasten each pile together at the top of each ticket. As soon as the
clerks and judges have sorted and fastened together the ballots separately
208
PARTY NOMINATIONS — THE DIRECT PRIMARY
23-907
for each political party, then they shall take the tally sheets provided by
the county clerk and shall count all the ballots for each pt)litical party
separately until the count is completed, and shall certify to the number of
votes for each candidate for nomination for each office upon the ticket of
each party. They shall then place the counted ballots in the box. After
all have been counted and certified to by the clerks and judges they shall
seal the returns for each of said political parties in separate envelopes, to
be returned to the county clerk.
History: En. Sec. 5, Initiative Measure
Nov. 1912; re-en. Sec. 636, R. C. M. 1921.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465; State ex rel.
Wulf V. McGrath, 111 M 96, 100, 106 P
2d 183.
Collateral References
Elections^^lOeC?).
29 C.J.S. Elections § 119.
18 Am. Jur. 346, Elections, §§ 252 et seq.
23-907. (637) Form of tally sheets — canvass of votes. Tally sheets for
each political party having candidates to be voted for at said primary, nom-
inating election shall be furnished for each voting precinct by the county
clerk, at the same time and in the same manner that the ballots are fur-
nished and shall be substantially as follows:
(1) Tally sheet of the primary nominating election for
(name of political party) held at precinct, in the county
of on the day of
19
The names of the candidates shall be placed on the tally sheets and
numbered in the order in which they appear on the official and sample
ballots, and in each case shall have the proper political party designated
at the head thereof.
(2) The following shall be the form of the tally sheets kept by the
judges, and clerks of the primary nominating election under this law, con-
taining the number and name of each person voted for, the particular office
for nomination to which each person was voted for, the total number of
votes cast for each candidate for nomination. The tally or count as it is
kept by each of the clerks shall be audibly announced as it proceeds, and
shall be kept in the manner and form as follows :
No.
Name of
Candidate
Office
Total Vote
Received
No.
Tally 5
No.
Tally 10
No.
Tally 15
^?,
12
13
14
12
13
14
12
13
14
13
14
The columns for the numbers 12, 13, 14, etc., shall not be over three-
eighths of an inch wide. The columns for the tallies shall be three-eighths
of an inch wide, the lines shall be three-eighths of an inch apart; every
ten lines the captions of the columns shall be reprinted between double-
ruled lines in bold-faced small pica, and all figures shall be printed in bold-
209
23-908 ELECTION LAWS
faced small pica. The tally sheets shall conclude with the folloAving form
of certificate :
AVe hereby certify that at the above primary nominating election and
polling place each of the foregoing named persons received the number of
votes set opposite his name, as above set forth, for the nomination for the
office specified.
, Chairman. , Clerk.
(Who kept this sheet.)
, Judge. , Clerk.
, Judge. , Clerk.
(Who kept the other sheet.)
(3) During the counting of the ballots each clerk shall, with pen and
ink, keep tally upon one of the above tally sheets, of each political party,
and shall total the number of tallies and write the total in ink immediately
to the right of the last tallies for each candidate and also in the columns
headed "total vote" and shall prepare the certificate thereto above indi-
cated ; and immediately upon the completion of the count, all the clerks
shall sign the tally sheets, and each of them shall certify which sheets
were kept by him ; and the chairman and the judges, being satisfied of
the correctness of the same, shall then sign all of said tally sheets. The
clerks shall then prepare a statement of that portion of the tally sheets
showing the number and name and political party of each candidate for
nomination and the office and total votes received by each in the precinct,
and shall prepare the certificate thereto, which statement shall be signed
by the judges and clerks who complete the count, and shall be immediately
posted in a conspicuous place on the outside of said polls, there to remain
for ten days.
History: En. Sec. 6, Initiative Measure References
Nov. 1912; re-en. Sec. 637, R. C. M. 1921. Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-908. (638) Poll-books, precinct register, and tally sheets to be sealed
and returned. (1) Immediately after canvassing the votes in the manner
aforesaid, the judges and clerks who complete the count, before they sepa-
rate or adjourn shall inclose the poll-books in separate covers and securely
seal the same. They shall also inclose the tally sheets in separate envelopes
and seal the same securely. They shall also inclose the precinct registers in
separate envelopes and seal the same securely. They shall also envelope
all the ballots fastened together, as aforesaid, and seal the same securely;
and they shall in writing, with pen and ink, specify the contents, and
address each of said packages upon the outside thereof to the county clerk
of the county in which the election precinct is situated. These sealed
packages of counted ballots shall be marked on the outside, showing what
numbers are contained therein, but once sealed they are not to be opened
by anyone until so ordered by the proper court.
(2) When the count is completed, the ballots counted and sealed, and
enveloped and marked for identification as aforesaid, shall be packed in the
two ballot-boxes, and nothing else shall be put into the boxes. The boxes
shall then be locked, and the official seal of the board shall be pasted over
the keyhole and over the rim of the lid of the box, so that the box cannot
210
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-909
be opened without breaking the seal. Thereafter neither the county clerk
nor the canvassers making the abstracts of the votes shall break the said
seals upon the ballot-boxes, nor shall anyone break the seals on the boxes or
the ballots, except upon the order of the proper court in case of contest,
or upon the order of the county board when the boxes are needed for the
ensuing election.
History: En. Sec. 7, Initiative Measure
Nov. 1912; re-en. Sec. 638, R. C. M. 1921;
amd. Sec. 6, Ch. 64, L. 1959.
23-909. (639) Political party nominations made exclusively as herein
provided. Every political party which has cast three per centum (3%) or
more of the total vote cast for representative in Congress at the next pre-
ceding general election in the county, district or state for which nomina-
tions are proposed to be made, shall nominate its candidates for public
office in such county, district or state, under the provisions of this law,
and not in any other manner; and it shall not be allowed to nominate any
candidate in the manner provided by section 23-801. Every political party
and its regularly nominated candidates, members, and officers, shall have
the sole and exclusive right to the use of the party name and the whole
thereof, and no candidate for office shall be permitted to use any word of
the name of any other political party or organization than that of and by
which he is nominated. No independent or nonpartisan candidate shall be
permitted to use any word of the name of any existing political party or
organization in his candidacy. The names of candidates for public office
nominated under the provisions of this law shall be printed on the official
ballots for the ensuing election as the only candidates of the respective
parties for such public office in like manner as the names of the candidates
nominated by other methods are required to be printed on such official
ballots.
Any political party that did not cast three per centum (3%) or more of
the total vote cast for representative in Congress, as above, and any new
political party about to be formed or organized, [may] make nominations
for public office as provided in section 23-801.
History: En. Sec. 8, Initiative Measure per cent of the total vote cast for repre-
Nov. 1912; re-en. Sec. 639, R. C. M. 1921; sentative in congress at the next preced-
amd. Sec. 1, Ch. 7, L. 1927; amd. Sec. 2, ing general election, or a new party about
Ch. 266, L. 1955; amd. Sec. 2, Ch. 274, to be formed, may make nominations for
L. 1959. public office by the convention system
provided for by section 23-801 et seq.
Operation and Effect State ex rel. Foster et al. v. Mountjoy,
Held, that assuming (but not deciding) ^^ ^ ^^^' ^^^' "^^ ^ ^^^^•
that an existing political party may use id. Under the above, held, on applica-
the term "Independent" in its party tion for writ of mandate to compel the
name, such use cannot deprive another secretary of state to place the names of
candidate from employing that term in the candidates of the Workers (Conimu-
designatmg the character of his candi- uist) party for presidential electors, nom-
dacy for the same office, and that pro- inated by it at a mass convention, upon
vision of this section, prohibiting an inde- the official ballot for the general election
pendent candidate from using any word to be held on November 6, 1928, refusal
of the name of an existing political party so to do being based on the ground that
has no application in such circumstances. such party was in existence in 1924, and
State ex rel. Wheeler v. Stewart, 71 M therefore could not make nominations by
3o8, 361 et seq., 230 P 366. convention, that even if it was in exis-
Held, under chapter 7, Laws of 1927 tence prior to the spring primary of 1928,
(this section), providing that a political it was nevertheless entitled to a place
party which did not cast at least three on the ballot because it failed to cast
211
23-910
ELECTION LAWS
three per cent of the vote for representa-
tive in Congress on the last general elec-
tion, whether that election be held to be
the one of 1924 or of 1926, and therefore
could select its candidates by convention.
Whenever the provisions of the primary
nominating election law (sees. 23-901
through 23-936) apply, the convention or
primary meeting methods of making nomi-
nations provided for in section 23-801, are
expresslv ruled out and prohibited by sec-
tion 23-909. LaBorde v. McGrath, 116 M
283, 288, 149 P 2d 913.
Id. Whenever it would be impossible or
unreasonable for candidates to file and
otherwise comply with the primary nomi-
nating election law (sees. 23-901 through
23-936) the prohibition of section 23-909
would not apply and candidates could be
nominated pursuant to sections 23-801 and
23-804.
Presidential Electors are Candidates for
Public Office
Held, that candidates for presidential
electors are candidates for public office,
within the meaning of this section, pro-
viding for primary elections of candidates
for public office. State ex rel. Foster et
al. V. Mountjoy, 83 M 162, 168, 271 P 446.
References
WilkiiKson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart
64 M 453, 464, 210 P 465; Bottomly v.
Ford, 117 M 160, 165, 157 P 2d 108.
Collateral References
Elections©='126(l).
29 C.J.S. Elections §§ 91, 111.
18 Am. Jur., Elections, p. 256, §§ 118
et seq.; p. 265, §134; p. 272, §142.
Constitutionality of statute relating to
power of committee or officials of polit-
ical party. 62 ALR 924.
Extent of power of political party, com-
mittee or officer to exclude persons from
participating in its primaries as voter or
candidates. 70 ALR 1501.
Political principles or affiliations as
ground for refusal of government officials
to take steps necessary to representation
of party or candidate upon official ticket.
130 ALR 1471.
Personal liability of public officer for
breach of duty in respect of election or
primary election laws. 153 ALR 109.
DECISIONS UNDER FORMER LAW
Oonstructlon
Where the legislature at the same ses-
sion passes two statutes relating to the
same subject matter, it may not be pre-
sumed that by enacting the second, with-
out making reference to the first, it in-
tended to limit the scope of the first, but
the two must be read together and har-
monized, and under that rule, held that
chapter 7, Laws of 1927 (this section), and
chapter 126 (23-1001 et seq.), providing
for a method of electing presidential elec-
tors, etc., are not in irreconcilable con-
flict. State ex rel. Foster et al. v. Mount-
joy, 83 M 162, 168, 271 P 446.
23-910. (640) Petitions for nomination to b€ filed. (1) Any person
who .shall desire to become a candidate for nomination to any office under
this law shall send by registered mail, or otherwise, to the secretary of state,
county clerk, or city clerk, a petition for nomination, signed by himself,
accompanied by the filing fee hereinafter provided for, and such petition
shall be filed and shall be conclusive evidence for the purpose of this law
that such elector is a candidate for nomination by his party. All nominating
petitions pertaining to congressional, state or district offices to be voted for
in more than one county, and for judges of the district court shall be filed
in the offices of the secretary of state; for county and district offices, to be
voted for in one county only, and for township and precinct offices, shall be
filed in the office of the county clerk ; and for all city offices in the office of
the city clerk.
The fees required to be paid for filing such petitions shall be as follows :
For any office with a salary attached of one thousand dollars ($1,000.00)
or less per annum, ten dollars ($10.00) ; except candidates for the state
senate and house of representatives shall be fifteen dollars ($15.00).
For any office with a salary attached of more than one thousand dollars
($1,000.00) per annum, one per cent (1%) of total amount of annual salary.
For the office of county commissioner in counties of the first class, forty
dollars ($40.00) ; in counties of the second class, thirty-five dollars ($35.00) ;
212
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-911
in counties of the third class, thirty dollars ($30.00) ; in counties of the
fourth class, twenty-five dollars ($25.00) ; in all other classes of .counties, ten
dollars ($10.00).
For the office the compensation of which con.sists of fees instead of a
salary, five dollars ($5.00).
For state, county and precinct committeeman, delegates to national con-
ventions and presidential electors no fees shall be required to be paid.
(2) Any person receiving the nomination by having his name written
in on the primary ballot, and desiring to accept such nomination, shall file
with the secretary of state, county clerk, or city clerk, a written declaration
indicating his acceptance of said nomination within ten (10) days after the
election at which he receives such nomination, and at the same time he shall
pay to the officer with whom such declaration of acceptance is filed the fee
above provided for filing a primary nominating petition for such office,
provided that such person must receive at least five per cent (5%) of the
votes cast for such office at the last preceding general election. No candidate
receiving a nomination at a primary election as above provided shall have
his name printed on the official .ballot for the general election without com-
plying with the provisions of this section.
History: En. Sec. 9, Initiative Measure ficate of election issued to him, that write-
Nov. 1912; re-en. Sec. 640, R. C. M. 1921; in candidate elected and entitled to the
amd. Sec. 1, Ch. 133, L. 1923; amd. Sec. 1, office. State ex rel. Wolff v. Guerkink,
Ch. 125, L. 1927; amd. Sec. 1, Ch. 27, L. Ill M 417, 426, 109 P 2d 1094.
1945.
Write-in Candidates Must File Within
Resignation of Successful Write-in Can- Ten Days After "Election" Day
didate Who Filed Too Late Does Not Construing this section as to when a
Create Vacancy write-in candidate must file written ac-
Where a successful write-in candidate ceptance, held, that the term "election"
at a nominating election failed to file his means the day of election and not the
acceptance within ten days after election day on which the canvass of the ballots
day, his subsequent resignation did not was completed, hence a candidate for
result in a vacancy which the county house of representatives who filed accept-
central committee of his party could fill anee 18 days after election was not en-
under section 23-929. State ex rel. Wilkin- titled to a writ of mandate to compel the
son V. McGrath, 111 M 102, 106 P 2d 186. county clerk to include his name on the
general election official ballot. State ex
Where Deceased Candidate Received re). Wulf v. McGrath, 111 M 96, 97, 106
Majority of Votes, Highest Write-in Candi- p o^ 233
date Held Elected
Where a candidate for re-election to a References
county office died 24 days before election, Wilkinson v. La Combe, 59 M 518, 520,
his death known generally to electors, but 197 P 836; State ex rel. Mills v. Stewart,
his name placed on ballot and majority 64 M 453, 464, 210 P 465; State ex rel.
voted for him supposing to retain his McHale v. Ayers, 111 M 1, 4, 105 P 2d
widow, appointed to fill the vacancy, until 686.
the next general election, a write-in caudi- « ,, * 1 u *
date whom they intended to defeat, receiv- CoUateral References
ing the highest vote cast for any living Elections<S=126(4).
person, held, on his application for writ 29 C.J.S. Elections §§ 114, 115.
of mandate to compel the county canvas- 18 Am. Jur. 25fi, Elections, §§ 119 et seq.
sing board to reconvene and cause certi-
23-911. (641) Form of petition for nomination. The petition for nom-
ination required by the preceding section shall be substantially in the
following form :
To (name and title of officer with whom
petition is to be filed) and to the members of the
party and the electors of the (state or counties of
213
23-912
ELECTION LAWS
eomprisinj; the district or county or city, as the case may be) in
the State of Montana;
I reside at and my post office
address is I am a candidate of the party
for the nomination for the office of at the primary nominat-
ing election to be held in the (State of Montana or district,
or county or city) on the day of , 19 ,
and if I am nominated as the candidate of the party for
such office I will accept the nomination and will not withdraw, and if I am
elected I will qualify as such officer.
If I am nominated and elected I will, during my term of office (here
the candidate, in not exceeding one hundred words, may state any measure
or principles he especially advocates).
Signature of Candidate for Nomination.
Every such petition shall be signed as above by the elector seeking
such nomination.
History: En. Sec. 10, Initiative Meas-
ure Nov. 1912; re-en. Sec. 641, R. C. M.
1921; amd. Sec. 1, Ch. 133, L. 1923; amd.
Sec. 1, Ch. 6, L. 1953.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State c.\ rel. Mills v. Stewart,
64 M 453, 464, 210 P 465; Mulholland v.
Ayers et al., 109 M 558, 565, 99 P 2d 234.
Collateral References
Elections<3='126(4).
29 C.J.S. Elections §§ 114, 115.
23-912. (644) Time for filing petitions for nominations. All petitions
for nomination under this act for offices to be filled by the state at large
or by any district consisting of more than one (1) county, and nominating
petitions for judges of district courts in districts consisting of a single
county, shall be filed in the office of the secretary of state not later than
five (5) o'clock P. M. on any day not less than forty (40) days before the
date of the primary nominating election ; and for other offices to be voted
for in only one (1) county, or district or city, every such petition shall be
filed with the county clerk or city clerk as the case may be, not later than
five (5) o'clock P. M. on any day not less than forty (40) days before the
date of the primary nominating election.
History: En. Sec. 13, Initiative Measure
Nov. 1912; re-en. Sec. 644, R. C. M. 1921;
amd. Sec. 2, Ch. 133, L. 1923; amd. Sec.
1. Ch. 19, L. 1955; amd. Sec. 1, Ch. 38, L.
1961.
Operation and Effect
Held, on application for writ of injunc-
tion to prevent cortification of names of
certain aspirants for state office as candi-
dates to be voted on at the primary elec-
tion to be held on July 17, the date fixed
by law for such election, that the provi-
sion of this section, requiring the filing of
petitions for nomination for state oflices
with the secretary of state "not less than
forty days before the date" of the elec-
tion, construed in the light of other sec-
tions of the code fixing the time within
.which the secretary of state shall certify
the names of such candidates as in pari
materia, is exclusive, making inapplicable
the provision of section 90-407, that the
time in which any act provided by law
is to be done must be computed by ex-
cluding the first day and including the
last; that, forty full days being required,
the date of tiling must be excluded from
computation and, the section providing
that the filing must be done forty days
before the date of the election, July 17
may not be counted; that therefore nomi-
nating petitions were required to be filed
before midnight of June 6 and petitions
filed on June 7 were too late and the
names of the candidates therein mentioned
not entitled to certification. State ex rel.
Bevan v. Mountjoy, 82 M 594, 597, 268
P 558.
214
PARTY NOMINATIONS— THE DIRECT PRIMARY 23-915
References Collateral References
„}^ii^i^f."" y-.^-'' *"'""/'^;,^,? ^ ^^^' ^-^' 18 Am. Jur. 262, Elections, §130.
197 P 83(>; State ox rel. Mills v. Stewart, ^*
64 M 453, 464, 210 P 465.
23-913. (645) Register of candidates. The seciptary of state, county
clerk and city clerk shall keep a book entitled "Register of Candidates for
Nomination at the Primary Nominating Election," and shall enter thereon
on ditt'erent pages of the book for different political parties subject to
the provisions of this law, the title of the office sought and the name and
residence of each candidate for nomination at the primary election; the
name of his political party; the date of receiving the petition for nomina-
tion signed by the candidate ; and such other information as may aid him
in arranging his official ballot for said primary nominating election. Im-
mediately after the canvass of votes cast at a primary nominating election
is completed, the county clerk, secretary of state or city clerk, as the
case may be, shall enter in his book marked "Register of Nominations,"
the date of such entry, the name of each candidate nominated, the office
for which he is nominated, and the name of the party making the nomina-
tion.
History: En. Sec. 14, Initiative Meas- References
i'no.^°''-.,^l^^= ^.^'^^^ ^o*"- l^^' ^- ^- ^- Wilkinson V. La Combe, 59 M 518, 520,
1921; amd. Sec. 1 Ch. 133, L. 1923; amd. 297 P 836; State ex rel. Mills v. Stewart
sec. 2, Cn. 6, li. 1953. 64 ]V£ 453^ 454^ 210 P 465.
23-914. (646) Register of candidates is public record — disposition of
poll-books, tally sheets, ballots, etc. Such registers of candidates for nomi-
nation, and of nominations and petitions, letters and notices, and other
writings required by law as soon as filed, shall be public records, and shall
be open to public inspection under proper regulations ; and when a copy of
any such writing is presented at the time the original is filed, or at any time
thereafter, and a request is made to have such copy compared and certified,
the officers with whom such writing was filed shall forthwith compare such
copy with the original on file, and, if necessary, correct the cop}' and certify
and deliver the copy to the person who presented it on payment of his
lawful fees therefor. All such writings, poll-books, tally sheets, ballots, and
ballot stubs pertaining to primary nominating elections under the provisions
of this act shall be preserved as other records are for one (1) year after
the election to which they pertain, at which time, unless otherwise ordered
or restrained by some court, the county clerk shall destroy the ballots and
ballot stubs, by fire, without any one inspecting the same.
History: En. Sec. 15, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 646, R. C. M. Elections<S=5l26(4, 5, 7).
1921; amd. Sec. 1, Ch. 75, L. 1949. 29 C.J.S. Elections §§114, 115, 118, 119.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-915. (647) Vacancies in nominations, how filled. The provisions of
sections 23-810 and 23-811 shall apply to nominations, or petitions for nom-
inations, made under the provisions of this law, in case of the death of
the candidate or his removal from the state or his county or electoral dis-
215
23-916 ELECTION LAWS
trict before the date of the ensuing election, but in no other case. In case
of any such vacancy by death or removal from the state, or from the county
or electoral district, such vacancy may be filled by the committee which
has been given power by the political party or this law to fill such vacan-
cies substantially in the manner provided by said sections 23-810 and 23-811.
History: En. Sec. 16, Initiative Meas- office. State ex rel. Smith v. Duncan, 55
ure Nov. 1912; re-en. Sec. 647, R. C. M. M 376, 177 P 248.
1921.
Beferences
Operation and Eflfect Wilkinson v. La Combe, 59 M 518, 520,
Neither this section nor section 32 of 197 P 836; State ex rel. Mills v. Stewart,
the primary election law (23-929) em- 64 M 453, 464, 210 P 465.
powers a county central committee to collateral References
make an original nomination of a candi- CoUateral Keierences
date to an office to be filled at a special Elections<3=5l46, 147.
election, the officer-elect having died soon 29 C.J.S. Elections §§ 93-95.
after election and before induction into 18 Am. Jur. 261, Elections, § 128.
23-916. (648) Arrangement and notice of nominations. Not more than
forty days and not less than twenty-five days before the day fixed by law
for the primary nominating election the secretary of state shall arrange, in
the manner provided by this law, for the arrangement of the names and
other information upon the ballots, all the names of and information con-
cerning all the candidates for nomination contained in the valid petitions
for nomination which have been filed with him in accordance with the pro-
visions of this law, and he shall forthwith certify the same under the seal of
the state, and file the same in his ofGce, and make and transmit a duplicate
thereof'by regi.stered letter to the county clerk of each county in the state,
and he shall also post a duplicate thereof in a conspicuous place in his office
and keep the same posted until after said primary nominating election has
taken place. In case of emergency the secretary of state may transmit such
duplicate by telegraph.
History: En. Sec. 17, Initiative Meas- 64 M 453, 464, 210 P 465; State ex rel.
ure Nov. 1912; re-en. Sec. 648, R. C. M. Bevan v. Mountjoy, 82 M 594, 597 et seq.,
1921; amd. Sec. 1, Ch. 12, L. 1925. 268 P 558.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
23-917. (649) Arrangement of ballots and notice. Not more than
thirty days, and not less than twenty days before the day fixed by law for
the primary nominating election, the county clerk of each county, or the
city clerk of each city, as the case may be, subject to the provisions of this
law, shall arrange in the manner provided by this law for the arrangement
of the names and other information concerning all the candidates and par-
ties named in the valid petitions for nomination which have been filed with
him and those which have been certified to him by the secretary of state, in
accordance with the provisions of this law ; and he shall forthwith certify
the same under the official seal of his office, and file the same in his office,
and make and post a duplicate thereof in a conspicuous place in his office,
and keep the same posteiJ until after the primary nominating election has
taken place; and he shall forthwith proceed and cause to be printed, ac-
cording to law, the colored sample ballots and the official ballots required
by this law.
216
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-919
History: En, Sec, 18, Initiative Meas- 197 P 836; State ex rcl. Mills v. Stewart,
ure Nov. 1912; re-en. Sec. 649, R. C. M. 64 M 453, 464, 210 P 465.
1921; amd. Sec, 2, Oh, 12, L. 1925,
References
Collateral References
Elections<S=>126(5).
Wilkinson v. La Combe, 59 M 518, 520, 29 C.J.S. Elections § 118.
23-918. (650) Supplies printed and furnished by county. AH blanks,
ballots, poll books and other supplies to be used at any primaries shall be
provided, and all expenses necessarily incurred in the preparation for, or
conducting such primaries shall be paid out of the treasury of the county
in the same manner and by the same officers as in the case of elections.
History: En. Sec. 19, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 650, R. C. M. Elections §126(5, 6).
1921; amd. Sec. 1, Ch. 34, L. 1945. 29 C.J.S. Elections § 118.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-919. (651) Ballots, how arranged, printed and voted. (1) At all
primary elections there shall be a ballot made up of the several party tickets
herein provided for, each of which shall be printed on a separate sheet of
white paper, and all of which shall be the same size, and shall be securely
fastened together at the top and folded, provided that there shall be as
many separate tickets as there are parties entitled to participate in said
primary election.
(2) The names of all candidates shall be arranged alphabetically ac-
cording to surnames, under the appropriate title of the respective officers,
and under the proper party designation upon the party ticket, except as
hereinafter provided. When two or more persons are candidates for nom-
ination for the same office, it shall be the duty of the county clerk in each
of the counties of the state to divide the ballot forms provided by the law
for the county, into sets so as to provide a substantial rotation of the names
of the respective candidates as follows :
(3) He shall divide the whole number of ballot forms for the county
into sets equal in number to the greatest number of candidates for the nom-
ination or election to any office, and he shall so arrange said sets that the
names of the candidates shall, beginning with a form arranged in alpha-
betical order as provided herein, be rotated by removing one name from the
top of the list for each nomination or office and placing said name or num-
ber at the bottom of the list for each successive set of ballot forms; pro-
vided, however, that no more than one of said sets shall be used in printing
the ballots for use in any one precinct, and that all ballots furnished for use
in any precinct shall be of one form and identical in every respect. If any
elector write upon his ticket the name of any person who is a candidate for
the same office upon some other ticket then that upon which his name is
so written this ballot shall be counted for such person only as a candidate
of the party upon Avhose ticket his name is written, and in no case shall be
counted for such person as a candidate upon any other ticket. In case any
person is nominated as provided in this act, upon more than one ticket,
he shall within ten (10) days after such election file with the secretary
217
23.920 ELECTION LAWS
of state, county clerk or city clerk, a written document indieatino: the
party designation under which his name is to be printed on the official
ballot for the general election, failing in which, his name shall be printed
upon the party ticket for which his nominating petition shall have been first
filed, and no candidate shall have his name printed on more than one ticket;
provided, however, that in the event a candidate whose name has been
printed upon the party ticket for which his nominating petition shall have
been first filed shall fail of nomination upon the ticket upon which his name
is so printed, his name shall not be printed upon any ballot under any
party designation ; and provided further that nothing in this act shall
preclude any elector from having his name printed upon the ballot as an
independent candidate.
(4) The ballots with the endorsements shall be printed on white paper
in substantially the forms of the Australian ballot, used in general elections,
except that the candidates of each party shall be printed on a separate
ticket or sheet. After preparing his ballot the elector shall detach the same
from the remaining tickets and fold it so that its face will be concealed
and with official stamp thereon seen. The remaining tickets attached to-
gether shall be folded in like manner by the elector who shall thereupon,
without leaving the polling place, vote the marked ballot forthwith, and
deposit the remaining tickets in the separate ballot box to be marked and
designated as the blank ballot box. Immediately after the canvass, the
judges of election shall, without examination, destroy the tickets deposited
in the blank ballot box.
History: En. Sec. 20, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 651, R. C. M. Elections®=»126(5, 6).
1921; amd. Sec. 1, Ch. 133, L. 1923; amd. 29 C.J.S. Elections §118.
Sec. 1, Ch. 14, L. 1927; amd. Sec. 1, Ch. ig Am. Jur. 287, Elections, §§ 162 ct soq.
67, K 1929.
Constitutionality of statute relating to
References election ballots as regards place or nuni-
Wilkinson v. La Combe, 59 M 518, 520, bar of appearances on the ballots of names
197 P 836; State ex rel. Mills v. Stewart, of candidates. 78 ALR 398.
64 M 453, 464, 210 P 465; State ex rel. Name or form of name to be used in
McHale v. Ayers, 111 M 1, 4, 105 P 2d designating candidate on election ballot.
686; State ex rel. Wulf v. McGrath, 111 93 ALR 911.
M 96, 98, 106 P 2d 183.
23-920. (652) Official and sample ballots— preparation and number.
There shall be printed and furnished for each election precinct a number of
ballots equal to the number of voters registered in such voting precinct and
entitled to vote at such primary nominating election.
If any political party shall desire sample ballots its political committee
may order the same from the county clerk or city clerk who shall collect
from such committee an amount sufficient to pay the cost of printing such
sample ballots, and such sample ballots after being printed, shall, on the
written order of the clerk, be delivered to the committee ordering the same,
but no such sample ballot shall be printed except on the order of the county
or city clerk. The sample ballots shall be duplicate impressions of the
official ballots to be voted, but in no case shall they be white, nor shall said
sample ballots have perforated stubs, nor shall they have the same margin
either at the top or sides or bottom as the official ballots have, or nearer
thereto than twelve points, and the names of the candidates on the tickets
218
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-921
composing the same shall not be rotated as required for the official ballots,
but shall be impressions of the tickets belonginp: to lot 1 of each party.
History: En. Sec. 21, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 652, R. C. M. Elections«&=l''6('5^
1921; amd. Sec. 1, Ch. 133, L. 1923. ^-lecuons^^i.b^o;
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
29 C.J.S. Elections, §118.
18 Am. Jur. 287, Elections, §161.
23-921. (654) Canvass of returns. (1) On the third day after the
close of any primary nominating election, or sooner if all the returns be re-
ceived, the county clerk, taking to his assistance two justices of the peace of
the county of different political parties, if practicable, or two members of
the board of county commissioners of the county of different political par-
ties, if possible, or one justice of the peace and one member of the board of
county commissioners of the county of different political parties, if prac-
ticable, shall proceed to open said returns and make abstracts of the votes.
Such abstracts of votes for nominations for governor and for senator in
congress shall be on one separate sheet for each political party, and shall be
immediately transmitted to the secretary of state in like manner as other
election returns are transmitted to him. Such abstract of votes for nomina-
tion of each party for lieutenant governor, secretary of state, attorney gen-
eral, state auditor, superintendent of public instruction, railroad com-
missioners, clerk of the supreme court, state treasurer, justices of the su-
preme court, members of congress, judges of the district court, and mem-
bers of the legislative assembly, who are to be nominated from a district
composed of more than one county, shall be on one sheet, separately for
each political party, and shall be forthwith transmitted to the secretary of
state, as required by the following section.
(2) The abstract of votes for county and precinct offices shall be on
another sheet separately for each political party ; and it shall be the duty of
said clerk immediately to certify the nomination for each party and enter
upon his register of nominations the name of each of the persons having
the highest number of votes for nomination as candidates for members of
the legislative assembly, county, and precinct offices, respectively, and to
notify by mail each person who is so nominated ; provided, that when a tie
shall exist between two or more persons for the same nomination by reason
of said two or more persons having an equal and the highest number of
votes for nomination by one party to one and the same office, the county
clerk shall give notice to the several persons so having the highest and
equal number of votes to attend at his office at a time to be appointed by
said clerk, who shall then and there proceed publicly to decide by lot which
of the persons so having an equal number of votes shall be declared nom-
inated by his party; and said clerk shall forthwith enter upon his register
of nominations the name of the persons thus duly nominated, in like man-
ner as though he had received the highest number of the votes of his party
for that nomination; and it shall be the duty of the county clerk of every
county, on receipt of the returns of any general primary nominating elec-
tion, to make out his certificate stating therein the compensation to which
the judges and clerks of election may be entitled for their services, and lay
219
23-922 ELECTION LAWS
the same before the county board of county commissioners at its next term,
and the said board shall order the compensation aforesaid to be paid out of
the county treasury. In all primary nominating elections in this state,
under the provisions of this law, the person having the highest number of
votes for nomination to any office shall be deemed to have been nominated
by his political party for that office.
History: En. Sec. 23, Initiative Meas- Wulf v. McGrath, 111 M 96, 98, 106 P
ure Nov. 1912; re-en. Sec. 654, R. C. M. 2d 183.
1921; amd. Sec. 1. Ch. 181. L. 1937. ^^^^^^^^^^ References
References Elections<S=126(7).
Wilkiuson v. La Combe, 59 M 518, 520, 29 C.J.S. Elections § 119.
197 P 836; State ex rel. Mills v. Stewart, 18 Am. Jur. 346, Elections, §§ 252 et seq.
64 M 453, 464, 210 P 465; State ex rel.
23-922. (655) Duties of county clerk aiter canvass of vote — state can-
vass. The county clerk, immediately after making the abstracts of votes
given in his county shall make a copy of each of said abstracts and trans-
mit it by mail to the secretary of state, at the seat of government; and it
shall be the duty of the secretary of state, in the presence of the governor
and the state treasurer, to proceed within fifteen days after the primary
nominating election, and sooner, if all returns be received, to canvass the
votes given for nomination for governor, senator in congress, lieutenant-
governor, attorney general, superintendent of public instruction, railroad
commissioners, secretary of state, state treasurer, state auditor, justices of
the supreme court, clerk of the supreme court, members of Congress, judges
of the district court, senators and representatives, and all other officers to
be voted for by the people of the state, or of any district comprising more
than one county ; and the governor shall grant a certificate of nomination to
the person having the highest number of votes for each office, and shall issue
a proclamation declaring the nomination of each person by his party. In
case there shall be no choice for nomination for any office by reason of
any two or more persons having an equal and the highest number of votes
of his party for nomination for either of said offices, the secretary of
state shall immediately give notice to the several persons so having the
highest and equal number of votes to attend at his office, either in person
or by attorney, at a time to be appointed by said secretary, who shall
then and there proceed to publicly decide by lot which of said persons
so having an equal number of votes shall be declared duly nominated by his
party; and the governor shall issue his proclamation declaring the nomina-
tion of such person or persons, as above provided.
History: En. Sec. 24, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 655, R. C. M. Election8®='126(7), 138.
1921. 29 C.J.S. Elections §§ 119, 135.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-923. (656) Error in ballot or count. Whenever it shall appear by
affidavit to the district court or judge thereof, or to the supreme court or
judge thereof, that an error or omission has occurred or is about to occur in
the printing of the name of any candidate or other matter on the official pri-
mary nominating election ballots or that any error has been or is about
220
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-925
to be committed in the printing of the ballots, or that the name of any
person or any other matter has been or is about to be wrongfully placed
upon such ballots, or that any wrongful act has been performed by any
judge or clerk of the primary election, county clerk, canvassing board or
member thereof, or by any person charged with a duty under this act, or
that any neglect of duty by any of the persons aforesaid has occurred or is
about to occur, such court or judge shall by order require the officer or
person or persons charged with the error, wrongful act, or neglect, to forth-
with correct the error, desist from the wrongful act, or perform the duty
and do as the court shall order, or show cause forthwith why such error
should not be corrected, wrongful act desisted from, or such duty or order
performed. Failure to obey the order of any such court or judge shall be
contempt. Any person in interest or aggrieved by the refusal or failure
of any person to perform any duty or act required by this law shall, with-
out derogation to any other right or remedy, be entitled to pray for a
mandamus in the district court of appropriate jurisdiction, and any pro-
ceedings under the provisions of this law shall be immediately heard and
decided.
History: En. Sec. 25, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 656, R. C. M. Contempt <S= 20; Elections C= 126(5) ;
1921. MandamusC=>74(l).
References ^' ^■^■^- Contempt §12; 29 C.J.S. Ele.'-
ifceierences ^.^^^^ ^ ^jg. _- ^j^ Mandamus §142.
Wilkinson v. La Combe, 59 M 518, 520, ig Am. Jur. 349, Elections, S 257.
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-924. (657) Secretary of state may send for returns. If the returns
and abstracts of the primary nominating election of any county in the state
shall not be received at the office of the secretary of state within twelve days
after said election, the secretary of state shall forthwith send a messenger
to the county board of such county, whose duty it shall be to furnish said
messenger with a copy of said returns, and the said messenger shall be
paid out of the county treasury of such county the sum of twenty cents for
each mile he shall necessarily travel in going to and returning from said
county. The county clerk, whenever it shall be necessary for him to do
so in order to send said returns and abstracts within the time above limited,
may send the same b}^ telegraph, the message to be repeated, and the county
shall pay the expense of such telegram.
History: En. Sec. 26, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 657, R. C. M. Elections©=126(7).
1921. 29 C.J.S. Elections §119.
References
Wilkinson v. La Combe, 59 M 518, ^520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-925. (658) Penalty for oflBcial misconduct. If any judge or clerk
of a primary nominating election, or other officers or persons on whom any
duty is enjoined by this law, shall be guiltj' of any wilful neglect of such
duty, or of anj- corrupt conduct in the discharge of the same, such judge,
clerk, officer or other person, upon conviction thereof, shall be punished by
imprisonment in the penitentiary not less than one year nor more than
five years, or by imprisonment in the county jail not less than three months
221
23-926 ELECTION LAWS
nor more than one year, or by fine not less than one hundred dollars nor
more than five hundred dollars.
History: En. Sec. 27, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 658, R. C. M. Election8<S='314.
1^21. 29 C.J.S. Elections §327.
References
Wilkinson v. La Coml)e, 59 'S\ ol8, 520,
1H7 P 830; State ex rcl. Mills v. Stewart,
C4 M 453, 464, 210 P 465.
23-926. (659) Notice of contest. Any person wishing to contest the
nomination of any other person to any state, county, district, township,
precinct, or municipal office may give notice in writing to the person whose
nomination he intends to contest that his nomination will be contested
stating the cause of such contest briefly, within five days from the time said
person shall claim to have been nominated.
History: En. Sec. 28, Initiative Meas- Stone v. District Court, 103 M 515, 518, 63
ure Nov. 1912; re-en. Sec. 659, R. C. M. P 2d 147; State ex rel. Wulf v. McGrath,
1921. Ill M 96, 98, 106 P 2d 183.
References Collateral References
Wilkinson v. La Combe, 59 M 518, 520, Election8<S=»151.
197 P 836; State ex rel. Mills v. Stewart, 29 C.J.S. Elections §§ 123, 124, 141, 142.
64 M 453, 464, 210 P 465; State ex rel. 18 Am. Jur. 369, Elections, §291.
23-927. (660) Service of notice — contest — how heard. Said notice
shall be served in the same manner as a summons issued out of the district
court three days before any hearing upon such contest as herein provided M
shall take place, and shall state the time and place that such hearing shall
be had. Upon the return of said notice served to the clerk of the court he
shall thereupon enter the same upon his issue docket as an appeal case,
and the same shall be heard forthwith by the district court ; provided,
that if the case cannot be determined by the district court in term tim-e,
within fifteen days after the termination of such primary nominating elec-
tion, the judge of the district court may hear and determine the same at
chambers forthwith, and shall make all necessary orders for the trial of
the case and carrying his judgment into effect; provided, that the district
court provision of this section shall not apply to township or precinct
officers. In case of contest between any persons claiming to be nominated
to any township or precinct office, said notice shall be served in the manner
aforesaid, and shall be returned to the district court of the county.
Hi.story: En. Sec. 29, Initiative Meas- References
lire Nov. 1912; re-en. Sec. 660, R. C. M. Wilkinson v. La Combe, 59 M 518, 520,
1921. 197 p 836; State ex rcl. Mills v. Stewart,
NOTE.- Section 30 of this act is omit- 64 M 453, 464, 210 P 465.
ted from this code in conformity with
the decision of the .supreme court in Wil- Collateral References
kinson v. La Combe, 59 M 518, 520, 197 Elections<3=151, 154(1).
P 836. 29 C.J.S. Elections §§ 123, 124, 141, 142,
148.
18 Am. Jur. 369, Elections, § 292.
23-928. (661) Contest — how tried and decided. Each party to such
contest shall be entitled to subpoenas, and subpoenas duces tecum, as in
ordinary cases of law; and the court shall hear and determine the same
without the intervention of a jury, in such manner as shall carry into effect
222
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-929
the expressed will of a majority of the legal voters of the political party, as
indicated by their votes for such nominations, not reparding technicalities
or errors in spelling the name of any candidate for such nomination; and
the county clerk shall issue a certificate to the person declared to be duly
nominated by said court, which shall be conclusive evidence of the right of
said person to hold said nomination; provided, that the judgment or de-
cision of the district court in term time, or a decision of the judge thereof
in vacation, as the case may be, may be removed to the supreme court in
such manner as may be provided for removing such causes from the district
court to the supreme court.
History: En. Sec. 31, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 661, R. C. M. Eleetionse=>154(l-13).
1921. 29 C.T.S. Elections §§120-129, 148.
References ^^ '^'"- '^"^- ^^^' Elections, §§ 271 et scq.
Wilkinson v. La Combe, 59 M 518, 520, Violation of law as regards time for
197 P 836; State ex rel. Mills v. Stewart, keeping polls open as affecting election
64 M 453, 464, 210 P 465. results. 66 ALR 1159.
Costs or reimbursement for expenses in-
cident to election contests. 106 ALR 928.
23-929. (662) County and city central committeemen, how elected.
(1) There shall be elected by each political party subject to the provisions
of this act, at said primary nominating election, two (2) committeemen,
one (1) of which shall be a man and one (1) of which shall be a woman, for
each election precinct, who shall be residents of such precincts. Any elector
may be placed in nomination for committeeman and committeewoman of
any precinct by a writing so stating, signed by such elector, and filed in
the ofifice of the county clerk within the time required in this act for the
filing of petitions naming individuals as candidates for nomination at the
regular biennial primary election. The names of the various candidates
for precinct committeemen and committeewomen of each political party
shall be printed on the ticket of the same in the same manner as other
candidates and the voter shall express his choice among them in like man-
ner as for such other candidates.
(2) The committeemen and committeewomen thus elected shall be the
representatives of their political party in and for such precinct in all ward
or subdivision committees that may be formed. The committeemen and
committeewomen elected in each precinct in each county shall constitute the
county central committee of each of said respective political parties. Those
committeemen and committeewomen who reside within the limits of any
incorporated city or town shall constitute ex-ofificio the citj* central com-
mittee of each of said respective political parties and shall have the same
power and jurisdiction as to the business of their several parties in such city
matters that the county committee have in county matters, save only the
power to fill vacancies in said committee, which power is vested in the
county central committee. Each committeeman and committeewoman shall
hold such position for the term of two (2) years from the date of the first
meeting of said committee immediately following their election.
(3) In case of a vacancy happening, on account of death, resignation,
removal from the precinct, or otherwise, the remaining members of said
county committee may select a committeeman or committeewoman to fill
the vacancy and he shall be a resident of the precinct in which the va-
223
23-929 ELECTION LAWS
cancy occurs. Said county and city central committees shall have the
power to make rules and regulations for tlie government of their respec-
tive political parties in each county and city, not inconsistent with any of
the provisions of this law, and to elect two (2) county members of the
state central committee, one (1) of which shall be a man and one (1) of
which shall be a woman, and the members of the congressional committee,
and said committee shall have the same power to fill all vacancies and make
rules in their jurisdiction that the county committees have to fill county
vacancies and to make rules. In the event there is no county central com-
mittee in any county the state central committee of the political party
having no county central committee in said county shall appoint a county
central committee therein to consist of committeemen and committeewomen
as herein provided and said county central committee shall have the same
powers and duties as county central committee elected, as now provided
by law.
(4) Said county and city central committee shall have the power to
make nomination to fill vacancies occurring among the candidates of their
respective parties nominated for citj' or county offices by the primary
nominating election where such vacancy is caused by death, resignation
or removal from the electoral district, but not otherAvise.
(5) Said committee shall meet within fifteen (15) days after the primary
election herein provided for, and shall organize by electing a chairman and
one (1) or more vice-chairmen, provided that either the chairman or first
vice-chairman shall be a woman. They shall also elect a secretary and such
other officers as they shall think proper. It shall not be necessary for such
officers to be precinct committeemen or committeewomen. They may elect
managing or executive committees and authorize such subcommittees to
exercise any and all powers conferred upon the county, city, state and con-
gressional central committees respectively by this law. The chairman of
the county central committee shall call said central committee meeting and
not less than ten (10) days before the date of said central committee meet-
ing shall publish said call in a newspaper published at the county seat and
shall mail a copy of the call, enclosing a blank proxy, to each precinct
committeeman. No proxy shall be recognized unless held by an elector of
the precinct of the committeeman executing the same.
(6) The county chairman of the party shall preside at the county con-
vention. No person other than a duly elected or appointed committeeman,
committeewoman, or officer of the committee shall be entitled to participate
in the proceedings of the committee. No proxy shall be recognized unless
held by an elector of the precinct of the committeeman or committee-
woman executing the same. In ease of the absence of any committeeman or
committeewoman and his or her duly appointed proxy, the convention may
fill the vacancy by appointing some qualified elector of the party, resident
in the precinct, to represent such precinct in the convention.
(7) The county convention shall elect delegates and alternate dele-
gates to attend the state convention provided for herein, in a number equal
to the total number of state senators and state representatives elected from
said county to the legislative assembly. The chairman and secretary
of the county convention shall issue and sign certificates of election of said
delegates.
224
PARTY NOMINATIONS— THE DIRECT PRIMARY
23-931
History: En. Sec. 32, Initiative Meas-
ure Nov. 1912; re-en. Sec. 662, R. C. M.
1921; amd. Sec. 1, Ch. 98, L. 1927; amd.
Sec. 1, Ch. 34, L. 1929; amd. Sec. 1, Ch.
6, L. 1933; amd. Sec. 1, Ch. 84, L. 1939;
amd. Sec. 1, Ch. 64, L. 1951; amd. Sec. 3,
Ch. 266, L. 1955; amd. Sec. 1, Ch. 219, L.
1959.
Operation and Effect
Neither this section nor section IG of
the primary election law empowers a
county central committee to make an
original nomination of a candidate to an
office to be filled at a special election,
the officer-elect having died soon after
election and before induction into office.
State ex rel. Smith v. Duncan, 55 M 376,
177 P 248.
Resignation of Succe.ssful Wrltc-ln Can-
didate Who Filed Too Late Does Not
Create Vacancy
Where a successful write-in candidate
at a nominating election failed to file his
;iccoi)tiMue within ten days after election
day, his subsequent resignation did not
result in a vacancy which the county
central committee of his i)arty could fill
under this section. State ex rel. Wilkinson
V. McGrath, 111 M 102, 106 P 2d 186.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
Collateral References
Elections<S=3l21(l,2).
29 C.J.S. Elections §§ 83, 84, 86-88.
18 Am. Jur. 269, Elections, §§ 138 et seq.
23-930. (663) National committeemen — selection and term. The state
central committee of each political party in the state of Montana shall select
one national committeeman and one national committeewoman. The chair-
man of the state central committee shall at once file with the national com-
mittee the names of the national committeeman and national committee-
woman so selected, and it shall be the duty of the chairman of the delegation
to the national convention of each political party to report to the national
convention the names of the persons so selected to be the national commit-
teeman and the national committeewoman of his political party for the
state of Montana. Said committeeman and committeewoman shall repre-
sent said political party as members of the national committee of said party
and shall be selected in each year in which a president and vice-president of
the United- States are elected, and such selection shall be made prior to the
meeting of the national conventions of the respective political parties. The
national committeeman and committeewoman shall hold office for a term
of four years.
History: En. Sec. 1, Ch. 1, Ex. L. 1921;
re-en. Sec. 663, R. C. M. 1921; amd. Sec.
1, Ch. 159, L. 1925.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-931. (665) Penalty for violation of law. If any candidate for nomi-
nation shall be guilty of any wrongful or unlawful act or acts at a primary
nominating election which would be sufficient, if such wrongful or unlawful
act or acts had been done by such candidate at the regular general election,
to cause his removal from office, he shall, upon conviction thereof, be re-
moved from office in like manner as though such wrongful or unlawful act
or acts had been committed at a regular general election, notwithstanding
that he may have been regularly elected and shall not have been guilty of
any wrongful or unlawful act at the election at which he shall have been
elected to his office.
Collateral References
Elections<S=»121(2).
29 C.J.S. Elections §§ 86, 87.
18 Am. Jur. 269, Elections, §§ 138 et seq.
225
23-932 ELECTION LAWS
History: En. Sec. 33, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 665, R. C. M. Officers®=66.
1921. 67 c.J.S. Officers §60.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-932. (666) Candidates to formulate state platform. The candidates
for the various state offices, and for the United States senate, representa-
tives in Congress and the legislative assembly nominated by each political
party at such primary, and senators of such political party, whose term
of office extends beyond the first Monday in January of the year next
ensuing, and the members of the state central committee of such political
party, shall meet at the call of the chairman of the state central committee
not later than September fifteenth next preceding any general election.
They shall forthwith formulate the state platform of their party. They
shall thereupon proceed to elect a chairman and vice chairman, provided
that either the chairman or vice chairman shall be a woman, of the state
central committee and perform such other business as may properly be
brought before such meeting.
History: En. Sec. 34, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 666, R. C. M. Elections<®=3l21(l).
1921; amd. Sec. 1, Ch. 8, L. 1953. 29 C.J.S. Elections §§83, 84.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-933. (667) Penalty for bribery, etc. Any person who shall offer, or
with knowledge of the same permit any person to offer for his benefit, any
bribe to a voter to induce him to sign anj- nomination paper, and any person
who shall accept any such bribe or promise of gain of any kind in the nature
of a bribe as consideration for signing the same, whether such bribe or
promise of gain in the nature of a bribe be offered or accepted before or
after such signing, shall be guilty of a misdemeanor, and upon trial and
conviction thereof be punished by a fine of not less than twenty-five nor
more than one thousand dollars, and by imprisonment in the county jail of
not less than ten days nor more than six months.
History: En. Sec. 35, Initiative Meas- Treating of voters by candidate for
ure Nov. 1912; re-en. Sec. 667, R. C. M. office as violation of corrupt practices or
1921. similar acts. 2 ALR 402.
Constitutionality of corrupt practices
Cross-Reference acts. 69 ALR 377.
Bribery at elections, penalty, sec. 94- Construction of statute prohibiting soli-
1423. citation or acceptance of contributions or
subscriptions by public officer or employee.
References 35 alR 1146.
Wilkinson v. La Combe, 59 M 518, 520, Statements by candidates regarding
197 P 836; State ex rel. Mills v. Stewart, salaries or fees of office as violation of
64 M 453, 464, 210 P 465. corrupt practices acts or bribery. 100 ALR
493
Collateral References Construction and application of provi-
Elections<©='316. sions of corrupt practices act regarding
29 C.J.S. Elections § 332. contributions by corporations. 125 ALR
18 Am. Jur. 336, Elections, §§ 235 et seq. 1029.
23-934. (668) General penal laws applicable. Any act declared an
offense by the general laws of this state concerning caucuses, primaries and
226
PRESIDENTIAL ELECTORS AND DELEGATES 23-936
elections shall also, in like case, be an offense in and as to all primaries as
herein defined, and shall be punished in the same form and manner as
therein provided, and all the penalties and provisions of the law as to such
caucuses, primaries and elections, except as herein otherwise provided, shall
apply in such case with equal force, and to the same extent as though fully
set forth in this act.
History: En. Sec. 36, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 668, R. C. M. Elections<©='309 et seq.
1921. 29 CJ.S. Elections §§ 324 334.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-935. (669) Forgery and suppression of nomination papers. Any
person who shall forge any name of a signer or a witness to a nomination
paper shall be guilty of forgery, and on conviction punished accordingly.
Any person who, being in possession of nomination papers entitled to be
filed under this act, or any act of the legislature, shall wrongfully either
suppress, neglect or fail to cause the same to be filed at the proper time in
the proper office, shall, on conviction, be punished by imprisonment in the
county jail not to exceed six months, or by a fine not to exceed one thousand
dollars, or by both such fine and imprisonment in the discretion of the court.
History: En. Sec. 37, Initiative Meas- References
ure Nov. 1912; re-en. Sec. 669, R. C. M. Wilkinson v. La Combe, 59 M 518, 520,
1921. 197 p 836; State ex rel. Mills v. Stewart,
Cross-Reference 64 M 453, 464, 210 P 465.
False nomination certificate, penalty, Collateral References
sec. 94-1412. Elections€=3309; Forgery<S:=>7(l).
29 CJ.S. Elections §§ 324, 334; 73 CJ.S.
Forgery, §§ 18, 20.
23-936. (670) General laws applicable to this enactment. The pro-
visions of the laws of this state now in force in relation to the holding of
elections, the solicitation of voters at the polls, the challenging of voters,
the manner of conducting elections, of counting the ballots and making
return thereof, the appointment and compensation of officers of election, and
all other kindred subjects, shall apply to all primaries, insofar as they are
consistent with this act, the intent of this act being to place the primary
under the regulation and protection of the laws now in force as to elections.
History: En. Sec. 38, Initiative Meas- 64 M 453, 464, 210 P 465; Thompson v.
ure Nov. 1912; re-en. Sec. 670, R. C. M. Chapin, 64 M 376, 383, 209 P 1060.
1921.
Collateral References
References EIections®=>126(l-7).
Wilkinson v. La Combe, 59 M 518, 520, 29 CJ.S. Elections §§ 111-119, 130-134.
197 P 836; State ex rel. Mills v. Stewart,
CHAPTER 10
PRESIDENTIAL ELECTORS AND DELEGATES TO NATIONAL CONVENTIONS
Section 23-1001. Political party defined.
23-1002. Exclusive method of selecting presidential electors and delegates to
national political conventions — committeemen and chairmen.
23-1003 to 23-1005. Repealed.
23-1006. Time of state convention — election of presidential electors and dele-
gates to national convention.
227
23-1001 ELECTION LAWS
23-1007. Conduct of state convention.
23-1008. Payment of convention expenses.
23-1001. (673.1) Political party defined. The term political party as
used in this act, shall include any party conducted for political purposes,
which now has or hereafter shall perfect a national organization.
History: En. Sec. 1, Ch. 126, L. 1927. chapter 7, Laws of 1927 (sec. 23-909), and
this section providing for a method of
Operation and Effect electing presidential electors, etc., are not
Where the legislature at the same ses- in irreconcilable conflict. State ex rel.
sion passes two statutes relating to the Foster et al. v. Mountjoy, 83 M 162, 166,
same subject matter, it may not be pre- 271 P 446.
Bumed that by enacting the second, with-
out making reference to the first, it in- Collateral References
tended to limit the scope of the first, but Elections<S=»121(l).
the two must be read together and har- 29 C.J.S. Elections § 84.
monized, and under that rule held that 18 Am. Jur. 264, Elections, §§ 132 et seq.
I 23-1002. (673.2) Exclusive method of selecting presidential electors
\ and delegates to national political conventions — committeemen and chair-
V men. All political parties in Montana shall hereafter nominate their presi-
^ dential electors and elect their delegates to national conventions in the
0 manner provided by this act. It shall be the duty of each political party
to select in each county in the state in such manner as is now provided by
law, or by the rules of the party in case the law does not so provide, a
precinct committeeman and precinct committeewoman for each election
precinct, a county chairman in each county and a state chairman.
History: En. Sec. 2, Ch. 126, L. 1927; Collateral References
amd. Sec. 13, Ch. 214, L. 1953 (Referen- Elections®='121(2) : United States€=25.
dum Measure adopted November 2, 1954 29 C.J.S. Elections 8S 86-88: 65 C.J.
effective December 7, 1954); amd. Sec. 4, United States 8 30.
Ch. 266, L. 1955. ^
23-1003 to 23-1005. (673.3 to 673.5) Repealed— Chapter 266, Laws of
1955.
^ Repeal ing to county conventions, were repealed
These sections (Sees. 3 to 5, Ch. 126, L. ^7 Sec. 8, Ch. 266, Laws 1955.
\ 1927; amd. Sec. 2, Ch. 64, L. 1951), relat-
\V.
J
]
23-1006. (673.6) Time of state convention — election of presidential elec-
tors and delegates to national convention. Not later than fifteen (15) days
after said county convention and on a date set by the chairman of the
state central committee, the delegates (or alternate delegates, in ca.se any
elected delegate cannot attend), shall hold a state convention at the state
capital in Helena, Montana, for the purpose of electing delegates and alter-
nates to the national convention of the parties and presidential electors.
That the delegates and alternate delegates to the national conventions of
each political party shall consist of three (3) delegates from each of the
congressional districts, and the remaining delegates and alternates from the
state at large.
History: En. Sec. 6, Ch. 126, L. 1927; ure adopted November 2, 1954 effective
amd. Sec. 1, Ch. 55, L. 1953; amd. Sec. December 7, 1954); amd. Sec. 5, Ch. 266,
14, Ch. 214, L. 1953 (Referendum Meas- L. 1965; amd. Sec. 3, Ch. 274, L. 1959.
23-1007. (673.7) Conduct of state convention. Said state convention
shall be conducted in accordance with the party rules, subject, however,
to the following requirements:
228
BALLOTS, PREPARATION AND FORM 23-1008
The chairman of the state eeutral committee shall call the .stat<' con-
vention and .shall publish the call at least once in a newspaper published
at the seat of the government. Said call shall be published not less than t«'n
(10) days, and a copy of the call shall be mailed to the county chairman in
each county. The chairman of the state central committee shall preside
over the convention and, together with a secretary chosen by the conven-
tion, shall sign certificates of election, which shall be delivered as cre-
dentials to the several persons elected by the convention as delegates to the
national convention of said party, and certificates of nomination for presi-
dential electors for said party which shall be filed with the secretary of
state. Only regularly elected delegates or alternates shall be entitled to sit
in said convention or participate in its proceedings and no proxies shall
be recognized by the convention. In case of the absence of a member or
members of the delegation elected from any county the delegates present
for said county shall be entitled to cast a number of votes equal to the
number of delegates elected to the convention from said county.
History: En. Sec. 7, Ch. 126, L. 1927; Collateral References
amd. Sec. 15, Ch. 214, L. 1953 (Referendum Elections<&=3l.30 131
Measure adopted November 2, 1954 eflfec- 29 C.J.S. Elections 88 98, 99
266' L^1955 ^' ^^*'' ^' ^^" ^^ ^"^^ '^"- 2^^' Elections, §§ 135 et seq.
23-1008. (673.8) Payment of convention expenses. The entire expense
of conducting the county and state conventions herein provided for shall
be defraj^ed by the several political parties, except that each elected dele-
gate or alternate who shall attend the state convention and participate
therein shall receive the sum of seven (7) cents per mile for each mile ac-
tually travelled by him in going to and returning from said convention,
said mileage to be computed by the shortest practicable route, and to be
paid out of the general funds of the county in the same manner as other
election expenses.
History: En. Sec. 8, Ch. 126, L. 1927; Collateral References
amd. Sec. 16, Ch. 214, L. 1953 (Referendum Counties<&=>153i/.; Electioiis<&='128.
Measure, adopted November 2, 1954 effec- 20 C.J.S. Counties §236; 29 C.J.S. Elec-
tive December 7, 1954) ; amd. S^. 7, Ch. tions 8 97
^^^ CHAPTER 11
X^-j^ ^Tf ""ballots, PREPARATION AND FORM
Section 23-1101. Ballots, how printed and distributed.
23-1102. County clerk to provide printed ballots.
23-1103. Municipal clerk to act in municipal elections.
23-1104. Pasters to be printed and distributed where vacancy has been filled.
23-1105. Form, color and size of ballot.
23-1106. Names and party of candidates to be printed on ballot.
23-1107. Arrangement of names — rotation on ballot.
23-1108. Placement on ballot of candidates for state senate or house of repre-
sentatives.
23-1109. Columns and material to be printed on ballot.
23-1110. Words to be printed.
23-1111. Order of placement.
23-1112. Ballot to facilitate expression of voter's choice.
23-1113. Blank space and margin.
23-1114. Stub, size and contents.
23-1115. Uniformity of size and printing.
23-1116. County clerk to prepare ballot, when and how.
23-1117. Number of ballots to be provided for each precinct.
229
23-1101 ELECTION LAWS
23-1101. (677) Ballots, how printed and distributed. All ballots cast in
elections for public officers within the state (except school district officers),
must be printed and distributed at public expense as provided in this chap-
ter. The printing of ballots and cards of instruction for the elections in each
county, and the delivery of the same to the election officers is a count}'
charge, and the expense thereof must be paid in the same manner as the
payment of other county expenses, but the expense of printing and deliv-
ering the ballots must, in the case of municipal elections, be a charge upon
the city or town in which such election is held.
History: En. Sec. 1, p. 135, L. 1889; Collateral References
re-en. Sec. 1350, Pol. C. 1895; re-en. Sec. Elections©='163.
541, Rev. C. 1907; re-en. Sec. 677, R. C. M. 29 C.J.S. Elections § 155.
1921. Cal. Pol. C. Sec. 1185. 18 Am. Jur. 286, Elections, §§ 158 et seq.
23-1102. (678) County clerk to provide printed ballots. Except as in
this chapter otherwise provided, it shall be the duty of the county clerk
of each county to provide printed ballots for every election for public
officers in which electors or any of the electors Avithin the county participate,
and to cause to be printed on the ballot the names of all candidates, includ-
ing candidates for chief justice and associate justices of the supreme court
and judges of the district courts, whose names have been certified to, or filed
with the county clerk, in the manner provided in this chapter. Ballots other
than those printed by the respective county clerks, according to the pro-
visions of this chapter, must not be cast or counted in any election. Any
elector may write or paste on his ballot the name of any person for whom
he desires to vote for any office, but must mark the same as provided in
section 23-1210, and when a ballot is so marked it must be counted the same
as though the name is printed upon the ballot and marked by the voter.
Any voter may take with him into the polling-place any printed or written
memorandum or paper to assist him in marking or preparing his ballot
except as otherwise provided in the chapter.
History: Zn. Sec. 1351, Pol. C. 1895; References
re-en. Sec. 542, Rev. C. 1907; re-en. Sec. Cited or applied as section 1351 Politi-
678, R. C. M. 1921; amd. Sec. 1, Ch. 203, cal Code, in State ex rel Brooks v
L. 1937; amd. Sec. 1, Ch. 81, L. 1939. Cal. Fransham, 19 M 273, 286, 48 P 1 • Sawver
Pol. C. Sec. 1196. Stores, Inc. v. Mitchell, 103 M 148, 155
^ . . T,« . 62 P 2d 342.
Operation and Effect
By statute a uniform ballot has been Collateral References
adopted, to be printed and distributed at ElectionsC=3l63, 172, 181, 216
public expense, and no others than those £9 C.J.S. Elections §8 155, 161, 180. 205
80 provided can be cast or counted. Har-
rington V. Crichton, 53 M 388, 391, 164
1' 537.
23-1103. (679) Municipal clerk to act in municipal elections. In all
municipal elections the city clerk must perform all the duties prescribed for
county clerks in this chapter.
History: En. Sec. 1352, Pol. C. 1895; Collateral References
re-en. Sec. 543, Rev. C. 1907; re-en. Sec. Election8<S=163.
679, R. C. M. 1921. 29 C.J.S. Elections § 155.
23-1104. (680) Pasters to be printed and distributed where vacancy has
been filled. When any vacancy occurs before election day and after the
printing of the ballots, and any person is nominated according to the pro-
230
I
BALLOTS, PREPARATION AND FORM
23-1106
visions of this code to fill such vacancy, the officer whose duty it is to have
the ballots printed and distributed must thereupon have printed a requi-
site number of pasters containing? the name of the new nominee, and must
mail them by registered letter to the judges of election in the various
precincts interested in such election, and the judges of election, whose
duty it is made by the provisions of this chapter to distribute the ballots,
must affix such pasters over the name for which substitution is made in
the proper place on each ballot before it is given out to the elector.
History: En. Sec. 1353, Pol. C. 1895;
re-en. Sec. 544, Rev. C. 1907; re-en. Sec.
680, R. C. M. 1921.
References
Eeferred to as section 1353, Political
Code, in State ex rel. Scharnikow v.
Hogan, 24 M 397, 403, 62 P 683.
Collateral References
Elections<S=>182.
29 C.J.S. Elections § 179.
23-1105. (681) Form, color and size of ballot. Ballots for all general
elections prepared under the provisions of this chapter must be white in
color and of a good quality of paper and the names must be printed thereon
in black ink. The ballots used in any one county must be uniform in size and
every ballot must contain the name of every candidate whose nomination
for any special office specified in the ballot has been certified or filed accord-
ing to the provisions of law and no other names, except that the names of
candidates for president and vice-president of the United States shall
appear on the ballot as provided for by section 23-2101.
History: Ap. p. Sec. 17, p. 139, L. 1889;
amd. Sec. 1354, PoL C. 1895; amd. Sec.
1354, p. 117, L. 1901; amd. Sec. 2, Ch. 88,
L. 1907; re-en. Sec. 545, Rev. C. 1907;
re-en. Sec. 681, R. C. M. 1921; amd. Sec. 2,
Ch. 81, L. 1939; re-en. Sec. 1, Ch. 141, L.
1947; amd. Sec. 1, Ch. 79, L. 1949. Cal.
PoL C. Sec. 1197.
NOTE.— Sections 23-1105 to 23-1116
were originally part of section 545, Ke-
vised Codes, 1907, which has been divided.
Cross-References
Constitutional amendments, separate bal-
lot prohibited, sec. 37-105.
Initiative and referendum, ballot, sec.
37-107.
Separate ballot for bonds and levies,
see. 37-107.
Operation and Effect
The so-called anti-fusion statute, con-
sisting of this section and the five follow-
ing sections, was not impliedly repealed
by the primary election law of 1913, and
is not unconstitutional. State ex rel. Met-
calf V. Wileman, 49 M 436, 437, 143 P 565.
References
Cited or applied as section 1354, Political
Code, before amendment, in State ex rel.
Brooks V. Fransham, 19 M 273, 286, 48
P 1; as Laws of 1901, p. 117, before amend-
ment, in State ex rel. Riley v. Weston, 31
M 218, 226, 78 P 487; as section 545, Re-
vised Codes, in Harrington v. Crichton, 53
M 388, 391, 164 P 537.
Collateral References
ElectionsC^iee et seq.
29 C.J.S. Elections § 156 et seq.
18 Am. Jur. 287, Elections, §§ 162 et seq.
Constitutionality of statute relating to
election ballots as regards place or number
of appearances on the ballots of names
of candidates. 78 ALR 398.
Name or form of name to be used in
designating candidate on election ballot.
93 ALR 911.
23-1106. Names and party of candidates to be printed on ballot. The
name of each candidate nominated shall be printed upon the ballot in but
one place and there shall be added after and directly opposite to the name
of each candidate nominated, the party or political designation contained in
the certificate of nomination of such candidate in not more than three (3)
231
23-1107 ELECTION LAWS ^
words, except that the political designation of electors for president and
vice-president of the United States shall be opposite the whole list thereof,
and the names of candidates for chief justice, associate justices, and district
court judges shall each be followed by the following words directly under-
neath the name of the candidate : "Nominated without party designation."
It is provided, however, that whenever any person is nominated for the
same office by more than one party the designation of the party which first
nominated him shall be placed opposite his name unless he declines in
writing, one or more of such nominations, or by written election indicates
the party designation which he desires printed opposite his name ; or if he is
nominated by more than one party at the same time he shall within the
time fixed by law for filing certificates of nomination, file with the officer
with wliom his certificate of nomination is required to be filed, a written
election indicating the party designation which he desires printed opposite
his name, and it shall be so printed. If he shall fail or neglect to file such
an election no party designation shall be placed opposite his name.
ffistory: En. Sec. 2, Subd. A, Ch. 81, L. 1947; amd. Sec. 1, Subd. A, Ch. 79, L.
1939; re-en. Sec. 1, Subd. A, Ch. 141, L. 1949.
23-1107. Arrangement of names — rotation on ballot. The names of all
candidates shall be arranged alphabetically according to surnames under the
appropriate title of the respective offices. It is provided, however, that,
while all of the candidates for the particular office shall remain together
in the same box, yet the candidates of the two major parties shall appear on
the ballot before and above the candidates of the minor parties and inde-
pendent candidates. For the purpose of designating the candidates of the
two major parties, they shall be those candidates of the two parties whose
candidates for governor, excluding independent candidates, have been either
first or second, (by receiving the highest or next highest number of votes
cast for the office of governor at the particular election) the greatest num-
ber of times at the next preceding four (4) general elections. In case of a
tie in the number of first or second places, the determination shall be made
by going back enough preceding elections to break the tie and no farther.
All other candidates shall be designated as either independent candidates
or as belonging to minor parties. When two or more persons are candidates
for election to the same office, including presidential and vice-presidential
candidates, it shall be the duty of the county clerk in each of the counties
of the state to divide the ballot forms provided by the law for the county,
into sets so as to provide a substantial rotation of the names of the respective
candidates as follows:
He sliall divide the whole number of ballot forms for the county into
sets equal in number to the greatest number of candidates for any office, and
he shall so arrange said sets that the names of the candidates shall, beginning
with a form arranged in alphabetical order, (for the purposes of rotation of
presidential and vice-presidential candidates, the office of president and vice-
president, together with presidential electors shall be considered as a
group and alphabetized under the name of the candidate for president), be
rotated by removing one name from the top of the list for each office and
placing said name or number at the bottom of that list for each successive
set of ballot forms ; provided, however, that no more than one of said sets
232
BALLOTS, PREPARATION AND FORM 23-1109
shall be used in pvintinj? the ballot for \iso in any one precinct, and that all
ballots furnished for use in any precinct shall be of one form and identical
in every respect. It is further provided that candidates of the two major
parties as hereinabove defined shall be rotated as one p^roup and the
candidates of the minor parties and independent candidates shall be rotated
as another group so that the candidates of the two major parties for a
particular office shall appear on the ballot before and above any candidates
of the minor parties or independent candidates.
History: En. Sec. 2, Subd. B, Ch. 81, L. 1947; amd. Sec. 1, Subd. B, Ch. 79, L.
1939; amd. Sec. 1, Subd. B, Ch. 141, L. 1949.
23-1108. Placement on ballot of candidates for state senate or house of
representatives. At any state or county election in which a member of the
state senate or house of representatives is to be elected or nominated, and
subject to the provisions of sections 23-919 and 23-1105, the list of candidates
for such offices shall be arranged on the ballot immediately following the
other state offices and shall precede any county office on such ballot.
History: En. Sec. 1, Ch. 170, L. 1939. Collateral References
Election8€=3l67.
29 C.J.S. Elections § 158.
23-1109. Columns and material to be printed on ballot. Each ballot
shall contain at the top the stub as provided by section 23-1114, and
directly underneath the perforated line shall be the following words in bold
face type, "VOTE IN ALL COLUMNS." Each ballot shall contain three (3)
columns. At the head of the first column to the left shall be the words,
"STATE AND NATIONAL," in large bold face type, followed by a list
of all candidates for state and national offices, including supreme court
justices, and district court judges, and such list shall progressively con-
tinue on to the top of the second column. Following the list of state and
national candidates shall be the words "COUNTY AND TOWNSHIP." in
large bold face type, and beneath such heading shall be listed all candi-
dates for the legislative assembly, county and township offices and such
list shall progressively continue on to the top of the third column. Fol-
lowing the list of county and township candidates shall be the words
"INITIATIVES, REFERENDUMS, AND CONSTITUTIONAL AMEND-
MENTS," in large bold face type, and listed thereunder shall be all pro-
posed constitutional amendments and measures to be voted on by the
people at such election which do not involve the creation of any state levy,
debt or liability. In case there are no such measures to be submitted, the
said heading entitled "INITIATIVES, REFERENDUMS, AND CONSTI-
TUTIONAL AMENDMENTS," shall be eliminated. Every ballot shall be
so printed that all matter heretofore required to be printed on each ballot
shall be equally apportioned among the three columns as nearly as possible
in the order heretofore and hereafter specified. All such measures which
involve the creation of a state levy, debt or liability shall be submitted to
the qualified voters upon a separate official ballot in substantial conformity
with the form provided for by section 23-1112, for the submission of such
measures.
History: En. Sec. 2, Subd. C, Ch. 81, L. 1947; amd. Sec. 1, Subd. C, Ch. 79, L.
L. 1939; amd. Sec. 1, Subd. C, Ch. 141, 1949; amd. Sec. 1, Ch. 72, L. 1953.
233
/
23-1110 ELECTION LAWS"
23-1110. Words to be printed. At the bottom of the first and second
column to the left shall be the words, "VOTE IN THE NEXT COLUMN."
Likewise, at the top of the second column shall be the words "STATE
AND NATIONAL (continued)" and at the top of the third column shall be
the words "COUNTY AND TOWNSHIP (continued)" to indicate the con-
tinuation of the list of candidates under each respective heading to the fol-
lowing column if after all the printed matter is equally apportioned among
the three columns, one column is insufficient to contain all the candidates
listed under each of the aforementioned headings.
History: En. Sec. 2, Subd. D, Ch. 81, L. 1947; amd. Sec. 1, Subd. D, Ch. 79, L.
1939; re-en. Sec. 1, Subd. D, Ch. 141, L. 1949; amd. Sec. 2, Ch. 72, L. 1953.
23-1111. Order of placement. The order of the placement of the offices
on the ballot in the first column, or to the left, designated "STATE AND
NATIONAL," shall be as follows: "President and vice-president, together
with the presidential electors; United States senator; United States repre-
sentative in congress; governor; lieutenant governor; secretary of state;
attorney general ; state treasurer ; state auditor ; railroad and public service
commissioners ; state superintendent of public instruction ; clerk of the
supreme court; chief justice of the supreme court; associate justice or
justices of the supreme court; district court judges"; provided, however,
that in the years in which any of such offices are not to be elected, such
offices shall not be designated, but the order of those offices to be filled shall
maintain their relative positions as herein provided.
In the second column, designated, "COUNTY AND TOWNSHIP," the
following order of placement shall be observed : "state senator ; member or
members of the house of representatives ; clerk of district court ; county
commissioner ; county clerk and recorder ; sheriff ; county attorney ; county
auditor." Such other offices to be elected shall be placed following the
foregoing in the order deemed most appropriate by the county clerk. In
the third column constitutional amendments shall come first with referendum
and initiative measures following.
History: En. Sec. 2, Subd. E, Ch. 81,
L. 1939; re-en. Sec. 1, Subd. E, Ch. 141, L.
1947; amd. Sec. 1, Subd. E, Ch. 79, L. 1949.
23-1112. Ballot to facilitate expression of voter's choice. In case of a
short term and a long term election for the same office, the long term office
shall precede the short term. The ballots shall be so printed as to give
each voter a clear opportunity to designate his choice of candidates by a
cross mark, (X) in a square at the left of the name of each candidate.
Above each group of candidates for each office shall be printed the words
designating the particular office in bold face capital letters and directly
underneath the words, "VOTE FOR" followed by the number to be elected
to such office. As nearly as possible the ballot shall be in the following
form :
234
BALLOTS, PREPARATION AND FORM
23-1113
(Stub hereinafter provided for by section 23-1114)
Perforated Line
VOTE IN AL.1^ COLUMNS
STATE AND NATIONAL
FOR PRESIDENTIAL
ELECTORS TO VOTE FOR
PRESIDENT AND
VICE-PRESIDENT OF
THE UNITED STATES
VOTE FOR ONE
Democrat for President of
the United States
JOHN DOE
For Vice-
President of the
United States.
RICHARD ROE
For Presidential Electors:
Jane Doe, Helen Doe,
Pete Moe, Milton Moe
(Same with other candi-
dates for President and
Vice - President together
with blank space for
write-in)
FOR UNITED STATES
SENATOR
VOTE FOR ONE
D Frank Roe Democrat
n Guy Doe Republican
D
(Same for Congressmen,
Governor, Lieut. Gover-
nor, Secretary of State,
Attorney - General, State
Treasurer, State Auditor,
Railroad and Public Ser-
vice Commissioners, State
Superintendent of Public
Instruction, and Clerk of
the Supreme Court)
VOTE IN NEXT COLUMN
STATE AND NATIONAL
(Continued)
FOR CHIEF JUSTICE OF
THE Sl'PREME COURT
VOTE FOR ONE
n RICHARD K. O'DOE
(Nominated without
Party designation)
n TOM ROW
(Nominated without
Party designation)
D
(Continued in like manner
for Associate Justice and
Judges of the District
Court)
COTJN'TY AND TOWNSHIP
FOR STATE SENATOR
VOTE FOR ONE
n Bill Doe Republican
□ John Roe Democrat
D
FOR MEMBER OP
THE HOUSE OF
REPRESENTATIVES
VOTE FOR TWO
n Al Johnson Republican
n Jim Sparks
D Jack Smith
n Dan Martin
D
D
Democrat
Republican
Democrat
VOTE IN NEXT COLUMN
COUNTY AND TOWNSHIP
(Continued)
(Continued In like manner
for all County and Town-
ship Officers)
INITIATIA'ES, REFEREN-
DUMS AND CONSTITU-
TIONAL AMENDMENTS
CON'STITl'TION'AL
AMENDMENTS
D For the
Amendment
n Against the
Amendment
REFERENDUM NO. 1.
□ For
Referendum No. 1
n Against
Referendum No. 1
INITIATIVE NO. 1
n For
Initiative No. 1
□ Against
Initiative No. 1
History: En. Sec. 2, Subd. F, Ch. 81, L.
1939; re-en. Sec. 1, Subd. F, Ch. 141, L.
1947; amd. Sec. 1, Subd. F, Ch. 79, L.
1949; amd. Sec. 3, Ch. 72, L. 1953.
23-1113. (683) Blank space and margpin. Below the names of can(3i-
dates for each office there must be left a blank space large enough to contain
as many written names of candidates as there are persons to be elected.
There must be a margin on each side of at least half an inch in width, and a
reasonable space between the names printed thereon, so that the voter
may clearly indicate, in the way hereinafter provided, the candidate or
candidates for whom he wishes to cast his ballot.
History: Ap. p. Sec. 17, p. 139, L. 1889; Collateral References
amd. Sec. 1354, Pol. C. 1895; amd. Sec. £lections<S=170.
1354, p. 117, I,. 1901; amd. Sec. 2, Ch. 88, 29 C.J.S. Eleotions § 156.
L, 1907; re-en. Sec. 545, Rev. C. 1907; re-
en. Sec. 683, R. C. M. 1921. Cal. Pol. C.
Sec. 1197.
235
/
23-1114 ELECTION LAWS
23-1114. (684) Stub, size and contents. The ballot shall be printed on
the same leaf with a stub, and separated therefrom by a perforated line.
The part above the perforated line, designated as the stub, shall extend the
entire width of the ballot, and shall be of sufficient depth to allow the fol-
lowing instructions to voters to be printed thereon, such depth to be not less
than two inches from the perforated line to the top thereof, upon the
face of which stub shall be printed, in type known as brevier capitals,
the following: "This ballot should be marked Avith an 'X' in the square
before the name of each person or candidate for whom the elector intends
to vote. In cases of a ballot containing a constitutional amendment, or
other question to be submitted to a vote of the people, by marking an 'X'
in the square before the answer of the question or amendment submitted.
The elector may write in the blank spaces, or paste over another name,
the name of any person for whom he wishes to vote, and vote for such
person by marking an 'X' in the square before such name." On the back
of the stub shall be printed or stamped by the county clerk, or other
officer whose duty it is to provide the ballots, the consecutive number of
the ballot, beginning with number "1," and increasing in regular numeri-
cal order to the total number of ballots required for the precinct.
History: Ap. p. Sec. 17, p. 139, L. 1889; Collateral References
amd. Sec. 1354, Pol. C. 1895; amd. Sec. Elections<S=5l68 176
1354, p. 117, L. 1901; amd. Sec. 2, Ch. 88, 09 c.J.S. Elections 88 159, ]71.
L. 1907; re-en. Sec. 545, Rev. C. 1907; re- ss >
en. Sec. 684, R. C. M. 1921. Cal. Pol. C.
Sec. 1197.
23-1115. (685) Unifonnity of size and printing. All of the official
ballots of the same sort, prepared by any officer or board for the same
balloting place, shall be of precisely the same size, arrangement, quality and
tint of paper, and kind of type, and shall be printed in black ink of the same
tint, so that when the stubs numbered as aforesaid shall be detached there-
from, it shall be impossible to distinguish any one of the ballots from the
other ballots of the same sort, and the names of all candidates printed upon
the ballots shall be in type of the same size and character.
History: Ap. p. Sec. 17, p. 139, L. 1889; Collateral References
amd. Sec. 1354, Pol. C. 1895; amd. Sec. Elections<&=>166.
29 C.J.S. Elections § 156.
1354, p. 117, L. 1901; amd. Sec. 2, Ch. 88,
L. 1907; re-en^Sec. 545, Rev. C. 1907; re- jg irnrJurllssTElecTions, §164.
en. Sec. 685, R. C. M. 1921. Cal. Pol. C. j > s
Sec. 1197.
23-1116. (686) County clerk to prepare ballot, when and how. When-
ever the secretary of state has duly certified to the county clerk any ques-
tion to be submitted to the vote of the people, the county clerk must print
the ballot in such form as will enable the electors to vote upon the question
so presented in the manner provided by law. The county clerk must also
prepare the necessary ballots whenever any question is required by law to
be submitted to the electors of any locality, and any of the electors of the
state generally, except that as to all questions submitted to the electors
of a municipal corporation alone the city clerk must prepare the necessary
ballots.
History: Ap. p. Sec. 17, p. 139, L. 1889; Collateral References
amd. Sec. 1354, Pol. C. 1895; amd. Sec. Election8<S=»175
1354, p. 117, L. 1901; amd. Sec. 2, Ch. 88, 99 C.J.S. Elections 8 170.
L. 1907; re-en. Sec. 545, Rev. C. 1907; re- "
en. Sec. 686, R. C. M. 1921. Cal. Pol. C.
Sec. 1197.
236
CONDUCTING — THE POLLS— VOTING AND BALLOTS 23-1202
23-1117. (687) Number of ballots to be provided for each precinct.
The county clerk must provide for each election precinct in the county ten
more than an equal number of ballots as tiiere are electors registered in the
precinct. If there is no registry in the precinct, the county clerk must pro-
vide ballots equal to the number of electors who voted at the last preceding
election in the precinct, unless in the judgment of the county clerk a
greater number be needed, but in no case to exceed one and one-half times
as many as the number of registered voters in the precinct. He must keep a
record in his office, showing the exact number of ballots, that are delivered
to the judges of each precinct. In municipal elections it is the duty of the
city clerk to provide ballots as specified in this section.
History: Ap. p. Sec. 1355, Pol. C. 1895; Collateral References
amd. Sec. 3, Ch. 88, L. 1907; re-en. Sec. Election3<&=16.3
546, Rev. C. 1907; re-en. Sec. 687, R. C. M. 29 C.J.S. Elections 8 155
1921; amd. Sec. 1, Ch. 16, L. 1925. Cal. ^
Pol. C. Sec. 1199.
CHAPTER 12
CONDUCTING ELECTIONS— THE POLLS— VOTING AND BALLOTS
Section 23-1201. Voting, to commence when and continue how long.
23-1202. Time of opening and closing of polls.
23-1203. When polls for special elections shall open and close.
23-1204. Proclamation at opening and thirty minutes before closing polls.
23-1205. Proclamation at closing polls.
23-1206. Sufficient booths or compartments must be furnished.
23-1207. Elector to cast his ballot without interference.
23-1208. Expenses of providing places for election.
23-1209. Delivery of official ballots to elector.
23-1210. Method of voting.
23-1211. Only one person to occupy booth, and no longer than five minutes.
23-1212. Spoiled ballot.
23-1213. Judges may aid disabled elector.
23-1214. Manner of voting.
23-1215. Announcement of voter's name.
23-1216. Putting ballot in box.
23-1217. Eecord that person has voted, how kept.
23-1218. Marking precinct register book when elector has voted — procedure.
23-1219. List of voters.
23-1220. Grounds of challenge.
23-1221. Proceedings on challenges for want of identity.
23-1222. Same on challenges for having voted before.
23-1223. Same on ground of conviction of crime.
23-1224. Challenges, how determined.
23-1225. Trial of challenges.
23-1226. If a person refuses to be sworn, vote to be rejected,
23-1227. Proceedings upon determination of challenges.
23-1228. List of challenges to be kept.
23-1201. (688) Voting, to commence when and continue how long.
Voting may commence as soon as the polls are open, and may be continued
during all the time the polls remain open.
History: En. Sec. 1365, Pol. C. 1895; Collateral References
re-en. Sec. 556, Rev. C. 1907; re-en. Sec. Elections<©=206-208.
688, R. C. M. 1921. Cal. Pol. C. Sec. 1224. £9 C.J.S. Elections § 198.
References
Maddox v. Board of State Canvassers,
116 M 217, 223, 149 P 2d 112.
23-1202. (689) Time of opening and closing of polls. The polls must
be opened at eight o'clock on the morning of election day and must be kept
237
23-1203 ELECTION LAWS
open continuously until eight o'clock P.M. of said day, when the same
must be closed; provided that in precincts having less than one hundred
(100) registered electors the polls must be opened at one o'clock in the
afternoon of election day and must be kept open continuously until eight
o'clock P.M. of said day, when they must be closed; provided, further,
that whenever all registered electors in any precinct have voted the polls
shall be immediately closed.
History: Ap. p. Sec. 11, p. 462, Cod. References
Stat. 1871; re-en. Sec. 11, p. 73, L. 1876; Maddox v. Board of State Canvassers,
re-en. Sec. 526, 5tli Div. Rev. Stat. 1879; ng M 217, 223, 149 P 2d 112.
re-en. Sec. 1017, 6th Div. Comp. Stat. 1887;
amd. Sec. 1290, Pol. C. 1895; re-en. Sec. Collateral References
514, Rev. C. 1907; re-en. Sec. 689, R. C, M. ig Am. Jur. 321, Elections, S 210.
1921; amd. Sec. 1, Ch. 3, L. 1935; amd.
Sec. 1, Ch. 207, L. 1955. Cal. Pol. C. Sec.
1160.
23-1203. When polls for special elections shall open and close. When-
ever any special election is held for the purpose of submitting to the qualified
electors of any county, high school district, school district, city or town, the
question of incurring an indebtedness for any purpose, issuing bonds or
making a special or additional levy for any purpose, the polls shall be open
at 12 o'clock noon and shall remain open until 8 o'clock P. M. of the same
da}' ; provided, that if any such special election is held on the same day
as any general, county, school or municipal election or any primary election
and at the same polling places with the same judges and clerks of election,
then the polls shall be opened and closed at the same hours as the polls for
such general, county, school, municipal or primary election.
History: En. Sec. 1, Ch. 2, L. 1937. Collateral References
Elec'tions®='206, 208.
29 C.J.S. Elections § 198.
23-1204. (690) Proclamation at opening and thirty minutes before
closing polls. Before the judges receive any ballots they must cause it to
be proclaimed aloud at the place of election that the polls are open, and %
thirty minutes before the closing of the polls proclamation must be made
that the polls will close in one-half hour.
History: Ap. p. Sec. 11, p. 462, Cod. amd. Sec. 1291, Pol. C. 1895; re-en. Sec.
Stat. 1871; re-en. Sec. 11, p. 73, L. 1876; 515, Rev. C. 1907; re-en. Sec. 690, R. C. M.
re-en. Sec. 525, 5th Div. Rev. Stat. 1879; 1921. CaL Pol. C. Sec. 1163.
re-en. Sec. 1017, 5th Div. Comp. Stat. 1887;
23-1205. (691) Proclamation at closing polls. When polls are closed,
that fact must be proclaimed aloud at the place of election; and after such
proclamation no ballots must be received.
History: Ap. p. Sec. 11, p. 462, Cod. amd. Sec. 1292, Pol. C. 1895; re-en. Sec.
Stat. 1871; re-en. Sec. 11, p. 73, L. 1876
re-en. Sec. 525, 5th Div. Rev. Stat. 1879
re-en. Sec. 1017, 5th Div. Comp. Stat. 1887
516, Rev. C. 1907; re-en. Sec. 691, R. C. M.
1921. Cal. Pol. C. Sec. 1164.
23-1206. (692) Sufficient booths or compartments must be furnished.
All officers upon whom is imposed by law the duty of designating the
polling-plac(js must provide in each polling-place designated by them, a
sufficient number of places, booths, or compartments, each booth or compart-
238
CONDUCTING— THE POLLS— VOTING AND BALLOTS 23-1207
ment to be furnisliod with a door or curtain sufficient in character to screen
the voter from observation, and must be furnislicd with such supplies and
conveniences as shall enable the elector to prepare his ballot for voting, and
in which electors must mark their ballots, screened from observation, and
a guard-rail so constructed that only persons within such rail can approach
within ten feet of the ballot-boxes, or the places, booths, or compartments
herein provided for. The number of such places, booths, or compartments
must not be less than one for every fifty electors, or fraction thereof,
registered in the precinct. In precincts containing less than twenty-five
registered voters, the election may be conducted under the provisions of
this chapter without the preparation of such booths or compartments, as
required by this section.
ffistory: En. Sec. 22, p. 141, L. 1889; Collateral References
re-en. Sec. 1357, p. 118, L. 1901; re-en. Sec. Eleitioiis<S=5''01
548, Rev. C. 1907; re-en. Sec. 692, R. C. M. og c.J.8. Elections 8 195.
1921. Cal. Pol. C. Sec. 1203. ^
23-1207. (693) Elector to cast his ballot without interference. (1) No
person other than electors engaged in receiving, preparing, or depositing
their ballots, or a person present for the purpose of challenging the vote of
an elector about to cast his ballot, is permitted to be within said rail ; and in
cases of small precincts where places, booths, or compartments are not
required, no person engaged in preparing his ballot shall, in any way, be
interfered with by any person, unless it be some one authorized by the
provisions of this chapter to assist him in preparing his ballot; nor shall
any officer of election do any electioneering on election day. No person
whatsoever shall do any electioneering on election day, within any polling
place, or any building in which an election is being held, or within twenty-
five feet thereof; said space of twenty-five feet to be protected by ropes
and kept free of trespassers ; nor shall any person obstruct the doors or
entries thereio, or prevent free ingress to and egress from said building.
Any election officer, sheriff, constable, or other peace officer is hereby
authorized and empowered, and it is hereby made his duty, to clear the
passageway, and prevent such obstruction, and to arrest any person so
doing.
(2) No person shall remove any ballot from the polling-place before
the closing of the polls. No person shall show his ballot after it is marked,
to any person, in such a way as to reveal the contents thereof, or the
name of the candidate or candidates for whom he has marked his vote;
nor shall any person solicit the elector to show the same ; nor shall any
person, except the judge of election, receive from any elector a ballot
prepared for voting. No elector shall receive a ballot from any other per-
son than one of the judges of election having charge of the ballots; nor
shall any person other than such judge of election deliver a ballot to
such elector. No elector shall vote, or offer to vote, any ballot except
such as he has received from the judges of election having charge of the
ballots. No elector shall place any mark upon his ballot by which it may
afterwards be identified as the one voted by him. Every elector who does
not vote a ballot delivered to him by the judges of election having charge
of the ballots, shall, before leaving the polling-place, return such ballot
to such judges.
239
b
23-1208 ELECTION LAWS
History: Ap. p. Sec. 22, p. 141, L. 1889; References
re-en. Sec. 1358, Pol. C. 1895; amd. Sec. cited or applied as section 1358, Polit-
1358, p. 118, L. 1901; re-en. Sec. 549, Rev. ical Code, as amended, in Lane v. Bailey,
C. 1907; re-en. Sec. 693, R. C. M. 1921. 29 M 548, 560, 75 P 191.
Collateral References
Elections<S=3211, 227(5-9), 233, 234.
Cal. Pol. C. Sec. 1215.
Cross-References _
Disclosing contents of ballot after mark- £9 C.J.S. Elections §'§ 194, 196^ 200, 208,
ing, penalty, sec. 94-1414. 219, 220.
Electioneering by election officials, pen- jg ^j^^ j^j.. 322, Elections, §§ 211 et seq.
alty, 94-1413.
23-1208. (694) Expenses of providing places for election. The expense
of providing such places or compartments, ropes, and guard-rails is a public
charge, and must be provided for in the same manner as the other election
expenses.
History: En. Sec. 1359, p. 119, L. 1901; Collateral References
re-en. Sec. 550, Rev. C. 1907; re-en. Sec. Elections<&=>201.
694, R. C. M. 1921. 29 C.J.S. Elections § 195.
23-1209. (695) Delivery of official ballots to elector. At any election
the judges of election must designate two of their number whose duty it is
to deliver ballots to the qualified electors. Before delivering any ballot to
an elector, the said judges must print on the back, and near the top of the
ballot, with the rubber or other stamp provided for the purpose, the designa-
tion "official ballot" and the other words on same, as provided for in section
23-705 of this code; and the clerks must enter on the poll-lists the name of
such elector and the number of the stub attached to the ballot given him.
Each qualified elector must be entitled to receive from the judges one ballot.
History: Ap. p. Sec. 23, p. 141, L. 1889; the stamp — did not render the ballot void,
amd. Sec. 1360, Pol. C. 1895; amd. Sec. 4, Harrington v. Crichton, 53 M 388, 164 P
Ch. 88, L. 1907; re-en. Sec. 551, Rev. C. 537.
1907; re-en. Sec. 695, R. C. M. 1921. References
Operation and Effect Cited or applied as section 1360, Polit-
Where ballots had been delivered to ical Code, before amendment, in State ex
electors by the judges of election with rel. Brooks v. Fransham, 19 M 273, 287,
tho official stamp apparently in the place 48 P 1; State ex rel. Riley v. District
in which the law requires it to be, al- Court, 103 M 576, 588, 64 P 2d 115.
though in reality it was on the stub in- ^ „ ^ , „ x.
stead of on the ballot proper, the act of Collateral References
the judges in removing the stamp with Elections<S=5218.
the stub — thus leaving the ballot without 29 C.J.S. Elections § 204.
23-1210. (696) Method of voting. On receipt of his ballot the elector
must forthwith, without leaving the polling-place and within the guard-rail
provided, and alone, retire to one of the places, booths, or compartments,
if such are provided, and prepare his ballot. He shall prepare his ballot by
marking an "X" in the square before the name of the person or persons for
whom he intends to vote. In case of a ballot containing a constitutional
amendment, or other question to be submitted to the vote of the people, by
marking an "X" in the square before the answer of the question or amend-
ment submitted. The elector may write in the blank spaces or paste over
any other name the name of any person for whom he wishes to vote, and
vote for such person by marking an "X" before such name. No elector is
at liberty to use or bring into the polling-place any unofficial sample ballot.
After preparing his ballot the elector must fold it so the face of the ballot
will be concealed and so that the indorsements stamped thereon may be
seen, and hand the same to the judges in charge of the ballot-box, who
240
C0NDUCTINC3 — THE POLLS — VOTING AND BALLOTS 23-1210
shall announce the name of the elector and the printed or atampod number
on the stub of the official ballot so delivered to him, in a loud and distinct
tone of voice. If such elector be entitled then and there to vote, and if such
printed or stamped number is the same as that entered on the poll-books
as the number on the stub of the official ballot last delivered to him by the
ballot judge, such judge shall receive such ballot, and, after removing the
stub therefrom in plain sight of the elector, and without removing any
other part of the ballot, or in any way exposing any part of the face thereof
below the stub, shall deposit each ballot in the proper ballot-box for the
reception of voted ballots, and the stubs in a box for detached ballot stubs.
Upon voting, the elector shall forthwith pass outside the guard-rail, ludess
he be one of the persons authorized to remain within the guard-rail for
other purposes than voting.
History: Ap. p. Sec. 24, p. 142, L. 1889;
amd. Sec. 1361, Pol. C. 1895; amd. Sec.
1361, p. 119, L. 1901; amd. Sec. 5, Ch. 88,
L. 1907; re-en. Sec. 552, Rev. C. 1907;
re-en. Sec. 696, R. C. M. 1921; amd. Sec.
7, Ch. 64, L. 1959. Cal. PoL C. Sec. 1205.
Acts of Election Ofl&cers
A ballot properly marked, but from
which the stub has not been detached by
the ballot judge as required by this section,
should be counted; a voter is not to be dis-
franchised by the errors or wrongful acts
of election officers. Carwile v. Jones, 38
M 590, 599, 101 P 153.
Id. A ballot bearing the indorsement:
"Voted by H. and M. (judges election)
for illegibility of voter," was not void
unui; (2) where perpendicular lines were
drawn through the names in one party
column, but no cross was placed before
the candidate's name; and (3) where his
name was written in one party column,
but no cross marked in the square before
the name. In neither instance was there
substantial, or any, compliance with the
provisions of this section. Carwile v.
Jones, 38 M 590, 595, 101 P 153.
Id. In an election contest, the court
properly refused to count a ballot for a
candidate which was marked by crossing
out all the names in other party columns,
but which failed to show an "X" before
his name. While the intention of the
voter is generally a very material consid-
eration, he must express his intention
on the ground that the 'reason given for substantially as indicated by the statute
assisting the voter was not one recog-
nized by law, since section 23-1213, post,
does not require the judges to certify the
reason for assisting an elector, and the
words "for illegibility of voter" were
therefore surplusage; and in the absence
of a showing why they gave assistance,
it will be presumed that they regularly
performed their official duties.
Directory, Not Mandatory — Check Mark
Counted
Held, that the provision of tliis section
that a ballot should be marked by an "X"
in the square is directory and not manda-
tory, and that in the absence of a fur-
ther provision that unless so marked the
ballot shall not be counted, a ballot upon
which the elector marked all squares with
a check mark (V) instead of an "X,"
should have been counted for contestant,
there being nothing to indicate an at-
tempt to mark the ballot for identifica-
tion purposes. Peterson v. Billings, 109
M 390, 395, 96 P 2d 922.
Operation and Effect
In an election contest, the court prop-
erly refused to count for a candidate bal-
lots marked as follows: (1) Where the
Id. Where the cross-mark was placed
after the candidate's name but within his
party column, the ballot was void, since
the elector did not substantially comply
with the requirement of this section rela-
tive to placing the mark before the name.
Id. Any mark within the square before
the candidate's name, which can be said
to be a crossing of two lines, will answer
the requirements of the statute that the
elector must place an "X" in such square;
and in the absence of anything to indi-
cate a purpose on his part to identify his
ballot by the use of a third line within
the square, a defect in the mark is not
sufficient to vitiate the ballot.
Voting is an Affirmative Act, Vote for
Deceased Candidate Not Counted as Op-
posed To Write-in
The casting of a ballot at an election of
public officers is an affirmative, not a nega-
tive act — an act done with intention of
voting for someone; hence if it is the
purpose of voters to defeat a certain
candidate, that purpose can be accomp-
lished only by voting for some person in
opposition to him, and not by voting for
a person who died some weeks before elec-
tion with the expectation that the vote
cross was placed after the candidate's cast for him would be counted as opposed
name and entirely without his party col- to the person sought to be defeated; one
241
23-1211 ELECTION LAWS
who has died ia no longer a person for Harrington v. Crichton. o3 M 388. 161
whom, under art. IX, sec. 2, Const., a voter P 537; State ex rel. Riley v. District
may cast his ballot. State ex rel. Wolff v. Court, 103 M 576, 588, 64 P 2d 115; Mnd-
Guerkink, 111 M 417, 426, 109 P 2d 1094. dox v. Board of State Canvassers, 116 M
217, 223, 149 P 2d 112.
References
Cited or applied as section 1361, Polit- Collateral References
ical Code, before amendment, in State ex Elections<S=>219, 221.
rel. Brooks v. Fransham, 19 M 273, 292, 29 C.J.S. Elections §§ 206, 207.
48 P 1; as section 552, Revised Codes, in 18 Am. Jur. 322, Elections, §§211 et seq.
23-1211. (697) Only one person to occupy booth, and no longer than
five minutes. No more than one person must be allowed to occupy any one
booth at one time, and no person must remain in or occupy a booth longer
than may be necessary to prepare his ballot, and in no event longer than
five minutes, if the other booths or compartments are occupied.
History: En. Sec. 25, p. 142, L. 1889; Collateral References
re-en. Sec. 1362, Pol. C. 1895; re-en. Sec. Elections<®=>''01 2'^7('')
553. Rev. C. 1907; re-en. Sec. 697, R. C. M. 29 C.J.S. Elections" 8 195.
1921. Cal. Pol. C. Sec. 1206. '^
23-1212. (698) Spoiled ballot. Any elector who by accident or mistake
spoils his ballot, may, on returning said spoiled ballot, receive another in
place thereof.
History: En. Sec. 26, p. 142, L. 1889; Collateral References
re-en. Sec. 1363, Pol. C. 1895; re-en. Sec. Elections®=^''18
554, Rev. C. 1907; re-en. Sec. 698, R. C. M. 29 C.J.S. Ele"ctions S 204
1921. Cal. Pol. C. Sec. 1207. ^
23-1213. (699) Judges may aid disabled elector. Any elector who de-
clares to the judges of election, or when it appears to the judges of elec-
tion that he cannot read or write, or that because of blindness or other
physical disability he is unable to mark his ballot, but for no other cause,
must, upon request, receive the assistance of two of the judges, who shall
represent different parties, in the marking thereof, and said disabled
elector may request that any qualified elector whom he designates to the
judges, and in whom he has trust and confidence, shall also be permitted
to aid him in the marking of his ballot, and such judges must certify on
the official register opposite name of such disabled elector that it was so
marked with their assistance, and indicate the name of the person if any of
whom he requested and received assistance, and neither the judges nor, if
such is the case, the person who aided him, must thereafter give informa-
tion regarding the same. The judges must require such declaration of
disability to be made by the elector under oath before them, and they are
hereby authorized to administer the same. No elector other than the one
who may, because of his inability to read or write, or of his blindness or
physical disability, be unable to mark his ballot, must divulge to anyone
within the polling-place the name of any candidate for whom he intends
to vote, or, other than herein specifically allowed, ask or receive the assist-
ance of any person within the polling-place in the preparation of his ballot.
History: Ap. p. Sec. 27. p. 142, L. 1889; Operation and Effect
amd. Sec. 1364, Pol. C. 1895; amd. Sec. ,,,, •. , . , ,.
-itRA « ton T loni. -« «„ aJ« ckk t>„^ Where it appeared in an election con-
1364, p. 120, Ii. 1901 re-en. Sec. 555. Rev. .„ ,. 4.. „. ^^. , v n 1. 1. j u
0. 1907; re-en. Sec. 699. R. C. M. 1921; \''^ J^t ^.k "^ ballot had been in-
amd. Sec. 1. Ch. 32. L. 1959; amd. Sec. 1 ^""«? ^^ ^^ ^" ?^' of election, as re-
Ch. 77. L. 1961. Cal. Pol. C. Sec. 1208. '^'''^''^ ^^ ^^'^ section, it was necessary
242
CONDUCTING — THE POLLS — VOTING AND BALLOTS 23-1217
to show that it could not thereby be 101 P 153; Gervaia v. Rolfe, 57 M 209,
identified, in order to let in, as second- 212, 187 P 899.
ary evidence, testimony as to how he
voted. Lane v. Bailey, 29 M 548, 560, 75 Collateral References
P 191. Electionse=220.
29 C.J.S. Elections § 208.
References 18 ^^^ j^^ ^oS, Elections, §§ 218 et seq.
Cited or applied as section 555, Revised
Codes, in Carwile v. Jones, 38 M 590, 597,
23-1214. (700) Manner of voting-. No person whomsoever, except a
judge or judges of election, shall put into the ballot box any ballot, or. any
paper resembling a ballot, or any other thing whatsoever. Any person or
persons violating the foregoing provision shall be guilty of a misdemeanor.
Any judge or judges of election who shall knowingly permit a violation of
any of the provisions in this section set forth shall be guilty of a felony
and be punishable as in this section hereinbefore specified. The person
offering to vote must hand his ballot to the judge, and announce his name,
and in incorporated cities and towns any such person must also give the
name of the street, avenue, or location of his residence, and the number
thereof, if it be numbered, or such clear and definite description of the place
of such residence as shall definitely fix the same.
History: En. Sec. 1366, Pol. C. 1895; Collateral References
re-en. Sec. 557, Rev. C. 1907; re-en. Sec. Elections<&=>221, 314.
700, R. C. M. 1921; amd. Sec. 1, Oh. Ill, 29 C.J.S. Elections S8 207, 327.
L. 1937. Cal. Pol. C. Sec. 1225.
References
Goodell V. Judith Basin County et al.,
70 M 222, 233, 224 P 1110.
23-1215. (701) Announcement of voter's name. The judges must re-
ceive the ballot, and before depositing it in the ballot-box must, in an
audible tone of voice, announce the name, and in incorporated towns and
cities the judges must also announce the residence of the person voting,
and the same must be recorded on each poll-book.
History: En. Sec. 1367, Pol. C. 1895; References
re-en. Sec. 558, Rev. C. 1907; re-en. Sec. Goodell v. Judith Basin County et al.,
701, R. C. M. 1921. Cal. Pol. C. Sec. 1226. 70 m 223, 233, 224 P 1110.
23-1216. (702) Putting- ballot in box. If the name be found on the
official register in use at the precinct where the vote is offered, or if the
person offering to vote produce and surrender a proper registry certificate,
and the vote is not rejected, upon a challenge taken, the judges must imme-
diately and publicly, in the presence of all the judges, place the ballot,
without opening or examining the same, in the ballot-box.
History: En. Sec. 1368, Pol. C. 1895; References
re-en. Sec. 659, Rev. C. 1907; re-en. Sec. Goodell v. Judith Basin County et al.,
702, R. C. M. 1921. Cal. Pol. C. Sec. 1227. 70 M 222, 233, 224 P 1110.
23-1217. (703) Record that person has voted, how kept. When the
ballot has been placed in the box, one of the judges must write the word
"Voted" opposite the number of the person on the check-list for the precinct.
History: En. Sec. 1369, Pol. C. 1895; Operation and Effect
re-en. Sec. 560, Rev. C. 1907; re-en. Sec. Under this section the act of voting is
703, R, C. M. 1921. Cal. Pol. C. Sec. 1228. not completed until the ballot is deposited
243
23-1218 ELECTION LAWS
in the ballot-box. Goodell v. Judith Basin Collateral References
County et al., 70 M 222, 233, 224 P 1110. Electiou3«S=5216.
References 29 C.J.S. Elections § 205.
Maddox v. Board of State Canvassers,
116 M 217, 223, 149 P 2d 112.
23-1218. (704) Marking precinct register book when elector has voted
— procedure. The judges of election in each precinct, at every general or
special election, shall, in the precinct register book, which shall be certified
to them by the county clerk, mark a cross (X) upon the line opposite to
the name of the elector. Before any elector is permitted to vote the
judges of election shall require the elector to sign his name upon one of
the precinct register books, designated by the county clerk for that pur-
pose, and in a column reserved in the said precinct books for the signature
of electors. If the elector is not able to sign his name, he shall be required
by the judges to produce two freeholders who shall make an affidavit
before the judges of election, or one of them, in substantially the following
form:
The State of Montana, |
ss.
County of f
"We, the undersigned witnesses, do swear that our names and signa-
tures are genuine, and that we are each personally acquainted with
(the name of the elector), and that we know
that he is residing at , and that we believe that
he is entitled to vote at this election, and that we are each freeholders in
the county," which affidavit shall be filed by the judges, and returned by
them to the county clerk, with the return of the election; one of the
judges shall thereupon write the elector's name, and note the fact of his
inability to sign, and the names of the two freeholders who made the
affidavit herein provided for. If the elector fails or refuses to sign his name,
and, if unable to write, fails to procure two freeholders who will take the
oath herein provided, he shall not be allowed to vote. Immediately after the
election and canvass of the returns, the judges of election shall deliver to
the county clerk the copy of said official precinct register, sealed, with the
election returns and poll-book, which have been used at said election.
History: En. Sec. 26, Ch. 113, L. 1911; References
amd. Sec. 26, Ch. 74, L. 1913; amd. Sec. Thompson v. Chapin, 64 M 376, 383, 209
26, Ch. 122, L. 1915; re-en. Sec. 704, R. C. p io60
M. 1921.
NOTE.— The foregoing section appears Collateral References
as section 23-524. It is alse printed here Elections<&='212.
because of its application to the sub- 29 C.J.S. Elections § 197.
ject embraced in this chapter.
23-1219. (705) List of voters. Each clerk must keep a list of persons
voting, and the name of each person who votes must be entered thereon
and numbered in the order voting. Such list is known as the poll-book.
History: En. Sec. 1370, Pol. C. 1895; 705, R. C. M. 1921; amd. Sec. 8, Ch. 64,
re-en. Sec. 561, Rev. C. 1907; re-en. Sec. L. 1959. Cal. Pol. C. Sec. 1229.
23-1220. (706) Grounds of challenge. Any person offering to vote
may be orally challenged by any elector of the county, upon either or all of
the following grounds:
244
CONDUCTING — THE POLLS — VOTING AND BALLOTS 23-1224
1. That he is not the person whose name appears on the register or
check-list.
2. That he is an idiot or insane person.
3. That he has voted before that day.
4. That he has been convicted of a felony and not pardoned.
History: En. Sec. 1371, Pol. C. 1895; Collateral References
re-en. Sec. 562, Rev. C. 1907; re-en. Sec. Electionse='223.
706, R. C. M. 1921. Cal. Pol. C. Sec. 1230. 29 C.J.S. Elections § 209.
18 Am. Jur. 327, Elections, § 217.
23-1221. (707) Proceedings on challenges for want of identity. If the
challenge is on the ground that he is not the person whose name appears on
the official register, the judges must tender him the following oath:
"You do swear (or affirm) that you are the person whose name is entered
on the official register and check-list."
History: En. Sec. 1372, Pol. C. 1895;
re-en. Sec. 563, Rev. C. 1907; re-en. Sec.
707, R. C. M. 1921. Cal. Pol. C. Sec. 1231.
23-1222. (708) Same on challenges for having voted before. If the
challenge is on the ground that the person challenged has voted before that
day, the judges must tender to the person challenged this oath :
"You do swear (or affirm) that you have not before voted this day."
History: En. Sec. 1373, Pol. C. 1895;
re-en. Sec. 564, Rev. C. 1907; re-en. Sec.
708, R. C. M. 1921. Cal. PoL C. Sec. 1234.
23-1223. (709) Same on ground of conviction of crime. If the chal-
lenge is on the ground that the person challenged has been convicted of a
felony, the judges must tender him the following oath:
"You do swear (or affirm) that you have not been convicted of a
felony."
History: En. Sec. 1374, Pol. C. 1895;
re-en. Sec. 565, Rev. C. 1907; re-en. Sec.
709, R. C. M. 1921. Cal. Pol. C. Sec. 1235.
23-1224. (710) Challenges, how determined. Challenges upon the
grounds either:
1. That the person challenged is not the person Avhose name appears
on the official register; or
That the person has before voted that day, are determined in favor
of the person challenged by his taking the oath tendered.
2. A challenge upon the ground that the person challenged has been
convicted of a felony and not pardoned must be determined in favor of
the person challenged on his taking the oath tendered, unless the fact of
conviction be proved by the production of an authenticated copy of the
record or by the oral testimony of two witnesses. If the person challenged
asserts that he has been convicted of a felony and pardoned therefor, he
must exhibit his pardon or a proper certified copy thereof to the judges,
and if the pardon be found sufficient, the judges must tender to him the
following oath: "You do swear that you have not been convicted of any
felony other than that for which a pardon is now exhibited." Upon taking
this oath the person challenged must be permitted to vote if otherwise
245
23-1225 ELECTION LAWS
qualified, unless a conviction of some other felony be proved, as in this
section provided for the proof of a conviction.
History: En. Sec. 1375, Pol. C. 1895;
re-en. Sec. 566, Rev. C. 1907; re-en. Sec.
710, R. C. M. 1921. Cal. Pol. C. Sec. 1236.
23-1225. (711) Trial of challenges. Challenges for causes other than
those specified in the preceding section must be tried and determined by the
judges of election at the time of the challenge.
History: En. Sec. 1376, Pol. C. 1895;
re-en. Sec. 567, Rev. C. 1907; re-en. Sec.
711, R. C. M. 1921. Cal. Pol. C. Sec. 1237.
23-1226. (712) If a person refuses to be sworn, vote to be rejected. If
any person challenged refuses to take the oaths tendered, or refuses to be
sworn and to answer the questions touching the matter of residence, he
must not be allowed to vote.
History: En. Sec. 1377, Pol. C. 1895; Collateral References
re-en. Sec. 568, Rev. C. 1907; re-en. Sec. Elections<S=5224.
712, R. C. M. 1921. Cal. Pol. C. Sec. 1238. 29 C.J.S. Elections §211.
23-1227. (713) Proceedings upon determination of challenges. If the
challenge is determined against the person offering to vote, the ballot must,
without examination, be destroyed by the judges in the presence of the
person offering the same ; if determined in his favor, the ballot must be de-
posited in the ballot-box.
History: En. Sec. 1378, Pol. C. 1895; Collateral References
re-en. Sec. 569, Rev. C. 1907; re-en. Sec. Elections<3='224.
713, R. C. M. 1921. Cal. Pol. C. Sec. 1242. 29 C.J.S. Elections § 211.
23-1228. (714) List of challenges to be kept. The judges must cause
each of the clerks to keep a list showing :
1. The names of all persons challenged.
2. The grounds of such challenges.
3. The determination of the judges upon the challenge.
History: En. Sec. 1379, Pol. C. 1895;
re-en. Sec. 570, Rev. C. 1907; re-en. Sec.
714, R. C. M. 1921. Cal. Pol. C. Sec. 1243.
CHAPTER 13
VOTING BY ABSENT ELECTORS
Section 23-1301. Voting by elector when absent from place of residence or physically
incapacitated from going to polls.
23-1302(1), 23-1302(2). Application of absentee or physically incapacitated
person for ballot.
23-1303. Form of application.
23-1304. Transmission of application to county clerk — delivery of ballot.
231305. Duty of clerk to deliver application or ballot.
23-1306. Mailing ballot to elector — form of return and affidavit.
23-1307. Marking and swearing to ballot by elector.
23-1308. Disposition of marked ballot upon receipt by clerk.
23-1309. Delivery or mailing of ballots to election judges.
23-1310. Clerk to keep record of ballots and issue certificate.
23-1311. Duty of election judges — poll-lists, numbering ballots and rejected
ballots.
23-1312. Voting before election day by prospective absentee or physically in-
capacitated elector.
246
VOTING BY ABSENT ELECTORS 23-1302(1)
23-1313. Envelopes containing ballots — deposit in box and rejection of ballot.
23-1314. Transmission of ballot by special delivery.
23-1315. Voting in person by elector on election day.
23-1316. Procedure when elector is present after marking absent or physically
incapacitated voter ballot.
23-1317. Opening of envelopes after deposit.
23-1318. False swearing perjury — official misconduct a misdemeanor,
23-1319. Voting machines — canvass of votes.
23-1320. Duty of elector if present on election day.
23-1321. Violation of law by elector or officer outside of statt, — change of
venue.
23-1301. (715) Voting by elector when absent from place of residefnce
or physically incapacitated from going to polls. Any qualified elector of
this state, having complied with the laws in regard to registration, who is
absent from the county or who is physically incapacitated from attending
the precinct poll of which he is an elector on the day of holding any general
or special election, or primary election for the nomination of candidates for
such general election, or any municipal, general, special or primary election,
may vote at any such election as hereinafter provided.
History: En. Sec. 1, Ch. 110, L. 1915; to apply therefor and request that such
amd. Sec. 1, Ch. 155, L. 1917; re-en. Sec. ballots be delivered to such person, were
715, R. C. M. 1921; amd. Sec. 1, Ch. 234, void and could not be voted at ensuing
L. 1943. election. State ex rel. Van Horn v. Lyon,
119 M 212, 173 P 2d 891, 895.
Constitutionality
The absent voters law is a valid en- References
actment and not open to the objection Maddox v. Board of State Canvassers
that in permitting a ballot to be de- uq m 217, 223, 149 P 2d 112 (wherein
livered to the election officers by mail, it reference is made to the absent voters
violates section 2, of article IX of the law as a whole, sees. 23-1301 through 23-
state Constitution, the contention that 1321).
the section, by providing that an elector
shall have resided in the state one year Collateral References
immediately preceding the election "at Elections®=»216.1.
which he offers to vote," impliedly re- 09 c.J.S. Elections § 210.
quires his personal presence at the polls, la a.v, t qoc t^i i- om^
i. u^- 4. ui /-■ J n T j-t.u -D • 1° -^"1- «J^ur. 325, Llectious, 8 214.
not being tenable. Goodell v. Judith Basin ' > s '--^ •
County et al., 70 M 222, 227 et seq., 224 Absentee Voters Law. 14 ALR 1256.
P 1110. Right to vote of person inducted into
_ military service under draft act. 129 ALR
Improper Dehvery Voids Ballots 1189.
Absent voters' ballot delivered by county Voting by persons in the military serv-
clerk not to electors personally or by mail, ice. 149 ALR 1466.
but to one engaged in procuring electors
23-1302(1). (716) Application of absentee or physically incapacitated
person for ballot. At any time within forty-five (45) days next preceding
such election, any elector expecting to be absent on the day of election from
the county in which his voting precinct is situated, or any elector in United
States service, or any elector who as a result of physical incapacity, in all
probability will be unable to attend his voting precinct poll as made to
appear by the certificate of a physician licensed under the laws of Montana,
plainly stating the nature of the physical incapacity of the applicant, and
certifying (a) that such incapacity will continue beyond the day of the
election for which the application is made; (b) to the extent of reasonably
preventing applicant from going to the polls, bodily health considered, may
make application to the county clerk of such county, or to the city or town
clerk, in the case of a municipal, general, or primary election, for an official
247
23-1302(2) ELECTION LAWS
ballot or official ballots to be voted at such election as an absent or phy-
sically incapacitatod voter's ballot or ballots.
History: En. Sec. 2, Ch. 110, L. 1915; L. 1943; amd. Sec. 1, Ch. 104, L. 1953;
re-en. Sec. 2, Ch. 155, L. 1917; re-en. Sec. amd. Sec. 3, Ch. 18, L. 1959.
716, R. C. M. 1921; amd. Sec. 2, Ch. 234,
23-1302(2). (716) Application of absentee or physically incapacitated
person for ballot. At any time within forty-five (45) days next preceding
such election, any voter expecting to be absent on the day of election from
the county in which his voting precinct is situated, for any reason whatso-
ever, or who as a result of physical incapacity, in all probability will be
unable to attend his voting precinct poll as made to appear by his affidavit,
plainly stating the nature of the physical incapacity of the applicant, and
stating (a) that such incapacity will continue beyond the day of the elec-
tion for which the application is made; (b) to the extent of reasonably
preventing applicant from going to the polls, bodily health considered,
may make application to the county clerk of such county, or to the city or
town clerk, in the case of a municipal, general, or primary election, for an
official ballot or official ballots to be voted at such election as an absent or
physically incapacitated voter's ballot or ballots.
History: En. Sec. 2, Ch. 110, L. 1915; L. 1943; amd. Sec. 1, Ch. 104, L. 1953; amd.
re-en. Sec. 2, Ch. 155, L. 1917; re-en. Sec. Sec. 1, Ch. 216, L. 1959.
716, R. C. M. 1921; amd. Sec. 2, Ch. 234,
23-1303. (717) Form of application. Application for such ballots shall
be made on a blank furnished by the county clerk of the county of which
the applicant is an elector, or the city or town clerk, if it be municipal,
general, special or primary election, and shall be in substantially the
following form :
"I, , a duly qualified elector of the
precinct, in the county of , and State of Montana, and
am to the best of my knowledge and belief entitled to vote in such precinct
in the next election, expecting to be absent from said county or, in all
probability, to be physically incapacitated from going to my precinct poll
on the day for holding such election, hereby make application for an offi-
cial ballot to be voted by mo at the said election.
Post office address to which ballot is to be mailed
State of ^
► ss.
County of
On this day of , personally appeared
before me , who being first duly sworn, deposes and says
that he is the person who signed the foregoing application, that he has
read and knows contents of same jind knows to his own knowledge the
matters and things therein stated are true.
This application must be subscribed by the applicant and sworn to be-
fore .some officer authorized to administer oaths, pursuant to the laws of the
248
VOTING BY ABSENT ELECTORS 23-1306
place of execution, and the application shall not be deemed complete with-
out this affidavit.
Provided that application for such ballot by any elector in the United
States may be made by the federal post card application, or by any written
request, signed by said applicant, addressed to the county clerk of the
county of residence of said elector.
History: En. Sec. 3, Ch. 110, L. 1915; Sec. 3, Ch. 234, L. 1943; amd. Sec. 2, Ch.
re-en. Sec. 3, Ch. 155, L. 1917; re-en. Sec. 104, L. 1953; amd. Sec. 1, Ch. 152, L.
717, R. C. M. 1921; amd. Sec. 1, Ch. 151, 1955; amd. Sec. 4, Ch. 18, L. 1959; amd.
L. 1923; amd. Sec. 1, Ch. 32, L. 1941; amd. Sec. 2, Ch. 216, L. 1959.
23-1304. (718) Transmission of application to county clerk — delivery
of ballot. The voter making such application shall forward by mail or de-
liver in person the same to the county clerk of the county in which he is
registered and it shall be the duty of the said county clerk to look up the
applicant's registration card and compare the signature on the application
for absent or phj-^sically incapacitated voter's ballot and the registration
card and if convinced the person making the application for absent or
physically incapacitated voter's ballot and the person who signed the
original registration card is one and the same person, he shall accept the
same in good faith and deliver the ballot as provided in section 23-1305.
History: En. Sec. 4, Ch. 110, L. 1915; References
amd. Sec. 4, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County et al.,
718, R. C. M. 1921; amd. Sec. 2, Ch. 151, 79 M 222, 227, 236, 224 P 1110; State
L. 1923; amd. Sec. 4, Ch. 234, L. 1943. ex rel. Vau Horn v. Lvon, 119 M 212, 173
P 2d 891, 892.
23-1305. (719) Duty of clerk to deliver application or ballot. Such ap-
plication blank shall, upon request therefor, be sent by such county or city
or town clerk to any elector of the county, by mail, and shall be delivered
to any elector upon application made personally at the office of such county
or city or town clerk ; provided, however, that no elector shall be entitled to
receive such a ballot on election day, nor unless his application is made
to or received by the county or city or town clerk before the delivery of
the official ballots to the judge of election.
History: En. Sec. 5, Ch. 110, L. 1915; References
re-en. Sec. 5, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County et al.,
719, R. C. M. 1921. 70 M 222, 227, 224 P 1110.
23-1306. (720) Mailing ballot to elector— form of return and affidavit.
Upon receipt of such application, properly filled out and duly signed, or as
soon thereafter as the official ballot for the precinct in which the applicant
resides has been printed, the said county or city or town clerk shall send
to such elector by mail, postage prepaid, one official ballot, or if there be
more than one ballot to be voted by an elector of such precinct, one of each
kind, and shall inclose with such ballot or ballots an envelope, to be fur-
nished by such county or city or town clerk, which envelope shall bear upon
the front thereof the name, official title and postoffice address of such
county or city or town clerk, and upon the other side a printed affidavit,
in substantially the following form:
249
23-1307 ELECTION LAWS
State of 1
Iss.
County of J
I, , do solemnly swear that I am a resident of the
precinct, (and if he be a resident of a city or town, add: "Re-
siding at , in the town or city of ,")
county of and state of Montana, and entitled to vote
in such precinct at the next election; that I expect to be absent from the
said county of my residence or, in all probability, to be physically in-
capacitated from going to my precinct poll on the day of holding such elec-
tion and that I will have no opportunity to vote in person on that day.
Subscribed and sworn to before me this day of
19 ; and I hereby certify that the affiant exhibited to me the
enclosed ballot or ballots for inspection before marking, and that the same
was (or were) then unmarked and that he then in my presence, and in
the presence of no other person, and in such manner that I could not see
his vote, marked said ballot (or ballots) and inclosed and sealed the same
in this envelope. That the affiant was not solicited or advised by me to vote
for or against any candidate or measure.
Both the envelope in which the ballot is mailed to the elector in the
United States service and the return envelope enclosed therein shall have
printed across the face two parallel horizontal red bars, each one-quarter
inch wide, extending from one side of the envelope to the other side, with
an intervening space of one-quarter inch, the top bar to be one and one-
quarter inches from the top of the envelope, and with the words "Official
Election Balloting Material — via Air ^lail," or similar language, between
the bars; that there be printed in the upper right corner of each such en-
velope, in a box, the words "Free of U. S. Postage, Including Air IMail";
that all printing on the face of each such envelope be in red; and that there
be printed in red in the upper left corner of each state ballot envelope an
appropriate inscription or blanks for return address of sender.
The return envelope shall be self-addressed to the county or city or
town clerk.
The county or city or town clerk shall enclose with the ballot mailed to
the elector in the United States service instructions for voting and return-
ing the ballot.
History: En. Sec. 6, Oh. 110, L. 1915; 720, R. C. M. 1921; amd. Sec. 5, Ch. 234,
amd. Sec. 6, Ch. 155, L. 1917; re-en. Sec. L. 1943; amd. Sec. 5, Ch. 18, L. 1959.
23-1307. (721) Marking ajid swearing to ballot by elector. Such voter
shall make and subscribe the said affidavit before an officer authorized by
law to administer oaths, pursuant to the laws of the place of execution and
may do so at any place including any foreign country, before any officer
authorized by the laws of the place of execution to take acknowledgments
of instruments, and such voter shall thereupon, in the presence of such
officer and of no other person, mark such ballot or ballots, but in such man-
ner that such officer cannot see the vote, and such ballot or ballots there-
250
VOTING BY ABSENT ELECTORS 23-1310
upon, in the presence of such oflficer, shall be folded by such voter so that
each ballot shall be separate, and so as to conceal the vote, and shall be, in
the presence of such officer, placed in such envelope securely sealed. Said
officer shall thereupon append his signature and official title at the end of
said jurat and affidavit. Said envelope shall be mailed by such absent or
physically incapacitated voter, postage prepaid, or delivered to the county
or city or town clerk, as the case may be.
History: En. Sec. 7, Ch. 110, L. 1915; L. 1923; amd. Sec. 6, Ch. 234, L. 1943;
amd. Sec. 7, Ch. 155, L. 1917; re-en. Sec. amd. Sec. 1, Ch. 60, L. 1953; amd. Sec. 3
721, R. C. M. 1921; amd. Sec. 3, Ch. 151, Ch. 216, L. 1959.
23-1308. (722) Disposition of marked ballot upon receipt by clerk.
Upon receipt of such envelope, such county or city or town clerk shall
forthwith inclose the same, unopened, together with the written application
of such absent voter or physically incapacitated voter in a larger envelope,
which shall be securely sealed and indorsed with the name of the proper
voting precinct, the name and official title of such clerk, and the words
"This envelope contains an absent or physically incapacitated voter ballot,
and must be opened only on election day at the polls when the same are
open," and such clerk shall safely keep the same in his office until the same
is delivered or mailed by him as provided in the next section.
History: En. Sec. 8, Ch. 110, L. 1915; References
ll'^^-^^^^- ?; ^^- ^^^' ^- ^^^'^' ""®"- ®®^- Goodell V. Judith Basin County et al.,
722, R. C. M. 1921; amd. Sec. 7, Ch. 234, 70 m 222 227 224 P 1110
L. 1943. ' '
33-1309. (723) Delivery or mailing of ballots to election judges. In
case such envelope is received by such clerk prior to the delivery of the
official ballots to a judge of election of the precinct in which such absent or
physically incapacitated voter resides, said larger envelope, containing the
said voter's envelope, and his said application as above provided, shall be
delivered to the judge of election of such precinct, to whom the official
ballots of the precinct shall be delivered, and at the same time. In case the
official ballots for such precinct shall have been delivered to the judge of
election prior to the time of the receipt by the said clerk of said absent or
physically incapacitated voter's envelope, such clerk shall immediately after
inclosing such voter's envelope and his application in a larger envelope, and
after endorsing the latter as provided in the foregoing section, address and
mail the larger envelope, postage prepaid, to the said judge of election of
said precinct, as hereinafter further provided.
History: En. Sec. 9, Ch. 110, L. 1915; References
re-en. Sec. 9, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County et al.,
723, R. C. M. 1921; amd. Sec. 8, Ch. 234, 70 m 222 227 224 P 1110.
L. 1943. '
23-1310. (724) Clerk to keep record of ballots and issue certificate.
The ballot or ballots to be delivered or marked by such absent or physically
incapacitated voter shall be one of the regular official ballots to be used at
such election, and of each kind of such official ballots if there be more than
one kind to be voted, beginning with ballot one and following consecutively,
according to the number of applications for such absent or physically in-
capacitated voter ballots. The county or city or town clerk shall keep a
record of all ballots so delivered for the purpose of absent voting, or voting
251
23-1311 ELECTION LAWS
by persons physically incapacitated from going to the polls, as well as of
ballots, if any, marked before him as hereinafter provided, and shall make
and deliver to the judge of election, to whom the ballots for the precinct are
delivered, and at the time of the delivery of such ballots, a certificate stat-
ing the number of ballots delivered or mailed to absent or physically inca-
pacitated voters, as well as those marked before him, if any, and the names
of the voters to whom such ballots shall be delivered or mailed, or by whom
they shall have been marked if marked before him.
History: En. Sec. 10, Ch. 110, L. 1915; References
re-en. Sec. 10, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin Countv et al.,
724, R. C. M. 1921; amd. Sec. 9, Cb. 234, -q m 222, 227, 224 P 1110.
L. 1943.
23-1311. (725) Duty of election judges — poll-lists, numbering ballots
and rejected ballots. The judges of election, at the opening of the polls,
shall note on the poll-books opposite the numbers corresponding to the
numbers of the ballots issued to absent or physically incapacitated voters,
as shown by the certificate of the county or city or town clerk, the fact
that such ballots were issued to absent or physically incapacitated voters,
and shall reserve said numbers for the absent or physically incapacitated
voters. The notation may be made by writing the words "absent or phy-
sically incapacitated voters" opposite such numbers.
The judges shall not allow any names to be inserted in the poll-books on
the lines corresponding to said numbers, except the name of the elector
entitled to each particular number according to the certificate of the county
or city or town clerk, and the number of his ballot. Any so rejected shall
be placed together with the voter's application and the absent or physically
incapacitated voter's envelope provided for the purpose by the clerk and
recorder or city or town clerk, which shall be sealed and endorsed by the
words, "rejected absent or physically incapacitated voter ballots" num-
bered , and shall put thereon the number of the ballots
given to absent or physically incapacitated voters according to the county
or city or toM'n clerk's certificate. There shall be a separate enclosing en-
velope for the ballot or ballots of each absent or physically incapacitated
voter whose ballot or ballots may have been rejected, and such envelopes
shall be placed in an envelope together with the other ballots, and shall
not be opened without order of a court of competent jurisdiction.
History: En. Sec. 11, Ch. 110, L. 1915; 725, R. C. M. 1921; amd. Sec. 10, Ch. 234,
amd. Sec. 11, Ch. 155, L. 1917; re-en. Sec. L. 1943; amd. Sec. 9, Ch. 64, L. 1959.
23-1312. (726) Voting before election day by prospective absentee or
physically incapacitated elector. Any qualified elector who is present in
his county after the official ballots of such county have been printed and
who has reason to believe that he will be absent from such county on elec-
tion day, or physically incapacitated as provided in section 23-1302 may
vote before he leaves his county or prior to the inception of such physical
incapacity, in like manner as an absent or physically incapacitated voter,
before the county or city or town clerk or some officer authorized to ad-
. minister oaths and having an official seal; and the provisions of this act
shall be deemed to apply to such voting. If the ballot be marked before
the county or city or town clerk it shall be his duty to deal with it in the
same manner as if it had come by mail.
252
VOTING BY ABSENT ELECTORS 23-1313
History: En. Sec. 12, Ch. 110, L. 1915; References
amd. Sec. 12, Ch. 155, L. 1917; re-en. Sec. p„n^„ii „ t., i*i t> ■ r< ^ i. ,
Toc -o n -M 1Q01- oU/i c»^ 11 r-i, on t Ooodcll v. Judith Basin County et al.,
726, R. C. M. 1921; amd. Sec. 11, Ch. 234, rn vc ooo 007 004 p mn '
L. 1943. 'u .1 -„_, ^„/, ^.^ i- iiiu.
23-1313. (727) Envelopes containing ballots — deposit in box and re-
jection of ballot. At any time between the opening and eiosinp; of the polls
on such election day. the judges of election of such precinct shall first open
the outer envelope only, and compare the signature of such voter to such
application, with the signature to such affidavit.
In case the judge finds the affidavit is sufficient and that the signatures
correspond, and that the applicant is then a duly qualified elector of such
precinct, and has not voted at such election, they shall open the absent or
physically incapacitated voter's envelope, in such manner as not to destroy
the affidavit thereon, and take out the ballot or ballots therein contained,
and without unfolding the same, or permitting the same to be opened or
examined, shall ascertain whether the stub or stubs is or are still attached
to the ballot or ballots, and whether the number thereon corresponds to the
number in the county or city or town clerk's certificate. If so, they shall
endorse the same in like manner that other ballots are endorsed, shall de-
tach the stub as in other cases, and deposit the ballot or ballots in the
proper ballot-box or boxes, and make in their election records the proper
entries to show such elector to have voted. In case such affidavit is found
to be insufficient, or that the said signatures do not correspond, or that
such applicant is not then a duly qualified elector of such precinct, such
vote shall not be allowed, but, Avithout opening the absent or physically
incapacitated voter envelope, the judges of such election shall mark across
the face thereof "rejected as defective" or "rejected as not an elector" as
the case may be. The absent or physically incapacitated voter envelope,
when such absent vote or vote by a person physically incapacitated from
going to the polls is voted, and the absent or physically incapacitated voter
envelope with its contents, unopened, when such absent vote or vote by a
person physically incapacitated from going to the polls is rejected, shall
be deposited in the ballot-box containing the general or party ballots, as
the case may be, retained and preserved in the manner by law provided
for the retention and preservation of official ballots voted at such election.
If, upon opening the absent or physically incapacitated voter's envelope,
it be found that the stub of any ballot has been detached, or that the num-
ber thereon does not correspond to the number in the county or city or
town clerk's certificate of the number issued to such absent or physically
incapacitated voter, the ballot shall be rejected, and it shall then and there,
and without looking at the face thereof, be marked on the back "rejected
on the ground of - ," filling the blank with the
statement of the reason of the rejection ; which statement shall be dated
and signed by the majority of the judges. The ballot or ballots so rejected,
together with the absent or physically incapacitated voter's envelope bear-
ing the application, and the said application, shall be all enclosed in an
envelope, which shall be then and there securely sealed, and on such en-
velope the judges shall write or cause to be written (if not already printed
thereon) the words, "rejected ballot of absent or physically incapacitated
voter" (writing in the name of the elector). "The rejected ballot or ballots
is or are " The judges shall designate
253
L
23-1314 ELECTION LAWS
the rejected ballot as "general ballot," if it be a ballot for candidates that
be rejected. If the rejected ballot be a one put on a question submitted to
the vote of the electors, the judges shall designate such ballot as ballot
question No in the certificate on the envelope. There shall be a
separate enclosing envelope for the ballot or ballots of each absent or phy-
cially incapacitated voter whose ballot or ballots may have been rejected
and such enclosing envelope shall be placed in the envelope in which the
other ballots voted or (are) required to be placed and shall not be opened
without an order of a court of competent jurisdiction. The county or city
or town clerk shall provide and have delivered to the judge of election
suitable envelopes for enclosing rejected absent or physically incapacitated
voter's ballots.
History: En. Sec. 13, Ch. 110, L. 1915; law, (sees. 23-1301 through 23-1321) by
amd. Sec. 13, Ch. 155, L. 1917; re-en. Sec. virtue of section 23-1313. Maddox v.
727, R. C. M. 1921; anxL Sec. 12, Ch. 234, Board of State Canvassers, 116 M 217, 223,
L. 1943; amd. Sec. 10, Ch. 64, L. 1959. 149 P 2d 112.
Operation and Effect References
Voting is accomplished not merely by Goodell v. Judith Basin County et al.,
marking the ballot, but by having it de- 70 M 222, 227, 224 P 1110.
livered to the election officials and de- , ^ j-
posited in the ballot box before the clos- Collateral References
ing of the polls on election day, and this Elections<S='216.1.
is equally true under the absent voter's 29 C.J.S. Elections § 210.
23-1314. (728) Transmission of ballot by special delivery. Whenever
the county or city or town clerk shall mail the envelope containing an
absent or physically incapacitated voter's envelope and ballots, as pro-
vided in this act, to a judge of election, he shall place thereon the proper
postage and the proper stamp or stamps, and the proper markings to secure
the transmission and delivery thereof as a special delivery letter, in ac-
cordance with the postal laws of the United States and the regulations of
the United States post office.
History: En. Sec. 14, Ch. 110, L. 1915; References
amd. Sec. 14, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County et al.,
728, R. C. M. 1921; amd. Sec. 13, Ch. 234, 70 m ''22 2''7 224 P 1110
L. 1943. - » - >
23-1315. (729) Voting in person by elector on election day. Any quali-
fied elector who has marked his ballot as hereinbefore provided, who shall
be in his precinct on election day, shall be permitted to vote in person, pro-
vided his said ballot has not already been deposited in the ballot-box.
History: En. Sec. 15, Ch. 110, L. 1915; References
re-en. Sec. 15, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County ct al.,
729, R. C. M. 1921. 70 M 222, 227, 224 P 1110; State ex rel.
Mitchell V. District Court, M 275
P 2d 642, 6.51.
23-1316. (730) Procedure when elector is present after marking absent
or physically incapacitated voter ballot. In case any elector who shall have
marked his ballot as an absent or physically incapacitated voter, as in this
act provided, shall appear at the voting place of his precinct on election
day, before his ballot or ballots shall have been deposited in the ballot-box,
his envelope containing his ballot shall, if he so desires, be opened in his
presence, and the ballot or ballots found therein shall be deposited in the
ballot-box as hereinbefore provided. If such elector shall ask for a new
ballot or ballots with which to vote, he shall be entitled to the same, but in
254
VOTING BY ABSENT ELECTORS 23-1319
such case his absent or physically incapacitated voter envelope shall not be
opened, and the judges shall mark, or cause to be marked, across the face
thereof, "unopened because voter appeared and voted in person," and then
deposit the said envelope, unopened, in the ballot-box. If the envelope con-
taining the absent or physically incapacitated voter ballot shall have been
marked "rejected as defective," and deposited in the ballot-box, such elector
so appearing shall have the same right to vote as if he had not attempted to
vote as an absent or physically incapacitated voter. If voting machines are
there used, he shall vote by machine as other voters.
History: En. Sec. 16, Ch. 110, L. 1915; References
re-en. Sec. 16, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County et al.,
730, R. C. M. 1921; amd. Sec. 14, Ch. 234, 70 m 222, 227, 224 P 1110; State ex rel.
L- 1943. Mitchell v. District Court, M , 275
P 2d 642, 651.
23-1317. (731) Opening of envelopes aiter deposit. If the aforesaid
envelope containing an absent or physically incapacitated voter ballot shall
have been deposited, unopened, in the ballot-box, the said envelope shall not
be opened, without an order of a court of competent jurisdiction.
History: En. Sec. 17, Ch. 110, L. 1915; References
re-en. Sec. 17, Ch. 155, L. 1917; re-en. Sec. Goodell v Judith Basin County et al.,
731, R. C. M. 1921; amd. Sec. 15, Ch. 234, 70 m 222, 227, 224 P 1110.
L. 1943.
23-1318. (732) False swearing perjury — oflBcial misconduct a misde-
meanor. If any person shall wilfully swear falsely to any affidavit in this
act provided for, he shall, upon conviction thereof, be deemed guilty of
perjury, and shall be punished as in such cases by law provided. If the
county or city or town clerk, or any election officer, shall refuse or neglect
to perform any of these duties prescribed by this act, or shall violate any of
the provision thereof, or if any officer taking the affidavit provided for in
section 23-1306 shall make any false statement in his certificate thereto
attached, or look at any mark or marks made by the voter upon any such
ballot, or permit or allow any other person to be present at the marking
of any such ballot by the voter, or to see any mark or marks made
thereon by the voter, he shall be deemed guilty of a misdemeanor, and
shall be punished by a fine not exceeding five hundred dollars, or by
imprisonment in the county jail not exceeding six months, or by both such
fine and imprisonment.
History: En. Sec. 18, Ch. 110, L. 1915; Collateral References
amd. Sec. 18, Ch. 155, L. 1917; re-en. Sec. Elections<©='314; Perjury<^35.
732, R. C. M. 1921. 29 C.J.S. Elections § 327; 70 C.J.S. Per-
References j"'^ § 23.
Goodell V. Judith Basin County et al.,
70 M 222, 227, 224 P 1110.
23-1319. (733) Voting machines — canvass of votes. In and for pre-
cincts where voting machines are to be used, the county or city or town
clerk shall cause to be printed and shall provide ballots in the regular form
of printed ballots, and sufficient printed ballots and sufficient in number for
possible absent or physically incapacitated voters, and also poll-books and
ballot-boxes such as lists required for the precincts in which printed ballots
are used. Absent or physically incapacitated voters' ballots received in such
precincts shall be cast as in this act provided, and all provisions of this act
255
'^3-1320 ELECTION LAWS
and of the election laws shall apply to the casting, canvassing, counting and
returning of such ballots and votes, except as herein otherwise provided. In
making the canvass, the votes cast by absent or physically incapacitated
voters shall be added by the judges of election to the votes cast on the
voting machines, and the results determined and reported accordingly.
History: En. Sec. 19, Ch. 110, L. 1915; Collateral References
amd. Sec. 19, Ch. 155, L. 1917; re-en. Sec. ElectionsC^'"^'^
733, R. C. M. 1921; amd. Sec. 16, Ch. 234, 29 C.J.S. EleVt'ions S 203.
L. 1943. '^
References
Goodell V. Judith Basin County et al.,
70 M 222, 227, 224 P 1110.
23-1320. (734) Duty of elector if present on election day. In case any
elector who shall have taken advantage of the provisions of this act. and
marked his ballot as an absent or physically incapacitated voter, as in this
act provided, shall not leave his county, or shall return thereto or shall
have recovered physical capacity to go to the polls on or before election
day, and in time to allow him to go to the polls, to-wit, to the voting place
in his precinct, and to be admitted therein before the close of the polls, it
shall be his duty so to go to the said voting place and to present himself
to the judges of election at said voting place, and if he shall wilfully neg-
lect so to do he shall be deemed guilty of a misdemeanor and, upon con-
viction thereof, shall be punished by a fine of not more than one hundred
($100.00) dollars or by imprisonment not more than thirty (30) days in
the county jail or by both such fine and imprisonment. If such an elector
so appears the judges of election shall note in the precinct register the fact
of his appearance as well as whether or not he voted in person.
History: En. Sec. 20, Ch. 110, L. 1915; 734, R. C. M. 1921; amd. Sec. 17, Ch. 234,
re-en. Sec. 20, Ch. 155, L. 1917; re-en. Sec. L. 1943; amd. Sec. 11, Ch. 64, L. 1959.
23-1321. (735) Violation of law by elector or oflBcer outside of state —
change of venue. If any elector of this state or any other person or any
officer shall, in any matter connected with voting outside of the state under
the provisions of this law, in any manner violate any of the provisions of
this act, or of any of the election or penal laws of this state applicable to
voting under this act, in such manner that such violation would constitute
an offense if committed within the state, then and in such case such elec-
tor, person, or officer shall be deemed guilty of a like offense, and be pun-
ishable to the same extent and in the same manner as if the act, omission,
or violation had been committed in this state, and may be prosecuted in
any county in this state ; provided, however, that if the defendant or one
of several defendants be a resident of the state he may have the case
removed to the county in which the ballot was cast, or was to be cast, if
not, in fact cast; and provided, further, that the court may order any
such case removed to such county, subject always to the power of the
court of any county to grant a change of venue as in other cases.
History: En. Sec. 21, Ch. 155, L. 1917; Collateral References
r«-en. Sec. 735, R. C. M. 1921. Elections<3=313, 314.
References 29 C.J.S. Elections §§ 325, 327.
Goodell V. Judith Basin County ct al.,
70 M 222, 227, 224 P 1110.
256
ABSKNT KI.K( I'OUS IN IM TKI) SI A IKS SKRMrK 23-1403
CHAPTER 14
VOTING BY ABSENT ELECTORS IN UNITED STATES SERVICE
Section 23-1401. Registration of absent electors in United States service.
23-1402. Definition of electors in United States service.
23-1403. The federal post card application.
23-1404. Oath for elector in the United States service.
23-1405. Classification of federal post card application.
23-1406. Penalty applical.lo.
23-1401. Registration of absent electors in United States service. Any
elector of this state in the United States service who is absent from the
state of Montana and the county of which he or she is a resident shall l)e
entitled to register by mailing to the county clerk a federal post card
application filled out and signed luider oath, which shall be the "OFF"!-
CIAL WAR REGISTRATION CARD" of the state.
History: En. Sec. 1, Ch. 99, L. 1943;
amd. Sec. 6, Ch. 18, L. 1959.
23-1402. Definition of electors in United States service. The phrase
"elector in United States service" as used in the Revised Codes of Mon-
tana of 1947, as amended, shall include the following:
(1) IMembers of the armed forces while in the active service, and their
spouses and dependents.
(2) Members of the merchant marine of the United States, and their
spouses and dependents.
(3) Civilian employees of the United States in all categories serving
outside the territorial limits of the several states of the United States and
the District of Columbia and their spouses and dependents when n^siding
with or accompanying them, whether or not the employee is subject to the
civil service laws ,and the Classification Act of 1949, and whether or not
paid from funds appropriated by the Congress.
(4) ilembers of religious groups or welfare agencies assisting members
of the armed forces, who are officially attached to and serving with tln'
armed forces, and their spouses and dependents.
History: En. Sec. 2, Ch. 99, L. 1943;
amd. Sec. 7, Ch. 18, L. 1959.
23-1403. The federal post card application. The form of the federal
post card application, which may be used both as an application for regis-
tration and for a ballot, shall be as follows :
(a) The cards shall be approximately nine and one-half (9i/o) by four
and one-eighth (414) inches in size.
(b) Upon one side, perpendicular to the long dimension of the card,
there shall be printed in black type the following:
FILL OUT BOTH SIDES OF CARD
POST CARD APPLICATION FOR ABSENTEE BALLOT
State or Commonwealth of
(Fill in name of State or Commonwealth)
(1) I hereby request an absentee ballot to vote in the coming election:
(GENERAL) (PRIMARY)* (SPECIAL) ELECTION
(Strike out inapplicable words)
(2) *If a ballot is requested for a primary election, print your political
party affiliation or preference in this box : □
(If primary election is secret in your state, do not answer).
257
23-1403 ELECTION LAWS
(3) I am a citizen of the United States, eligible to vote in above state,
and am :
a. A member of the armed forces of the United States Q
b. A member of the merchant marine of the United States Q
c. A member of a religious or welfare organization assisting service-
men □
d. A civilian employed by the United States government outside the
United States (continental) D
e. A spouse or dependent of a person listed in (a), (b), or (c)
above D
f. A spouse or dependent residing with a person described in (d)
above □
(4) I was born on
(Day) (Month) (Year)
(5) For years preceding the above election my home (not
military) residence in the above state has been '.
(Street and number or rural route, etc.)
The voting precinct or election district for this residence is
(Enter if known)
(6) Remarks :
(7) Mail my ballot to the following oflficial address: - —
(Unit (Co., Sq., Trp., Bn., Etc.), Governmental Agency or Office)
(Military Base, Station, Camp, Fort, Ship, Airfield, etc.)
(Street No., APO, or FPO No.)
(City, Postal Zone, and State)
(8) I am NOT requesting a ballot from any other state and am not
voting in any other manner in this election, except by absentee process,
and have not voted and do not intend to vote in this election at any other
address.
(9)
(Signature of person requesting ballot)
(10) -
(Full name, typed or printed, with rank or grade, and service number)
(11) Subscribed and sworn to before me on
(Day, month and year)
(Signature of official (Typed or printed
administering oath) name of official
administering oath.)
(Title or rank, service number and organization of administering official)
258
ABSKXT Kl.ECTOKS IN UNITED STATES SERVICE 23-1405
INSTRUCTIONS
A. Before filling: out this form see your voting officer in repjard to
the voting laws of your state and absentee registration and
voting procedure.
B. Type or print all entries except signatures. FILL OUT BOTH
SIDES OF CARD.
C. Address card to proper state official. Your voting officer or com-
manding officer will furnish you with his title and address.
D. Mail card as soon as your state will accept your application.
E. No postage is required for the card.
(c) Upon the other side of the card there shall be printed in red type
the following :
FILL OUT BOTH SIDES OF THE CARD
(Name)
FREE OF U. S. POSTAGE
Including Air Mail
(Unit, Gov't Agency, or Office)
(Mil. Base, Station, Ship or Office)
(Street No., APO, or FPO No.)
(City, Postal Zone, State)
OFFICIAL ELECTION BALLOTING MATERIAL— VIA AIR MAIL
To:
(Title of election official)
(County or township)
(City or Town, State)
History: En. Sec. 3, Ch. 99, L. 1943;
amd. Sec. 8, Ch. 18, L. 1959.
23-1404. Oath for elector in the United States service. Any oath re-
quired for electors in the United States service to register, request a ballot
or vote may be administered and attested, within or without the United
States, by any commissioned officer in the active service of the armed
forces, or any member of the merchant marine of the United States desig-
nated for this purpose by the secretary of commerce, or any civilian official
empowered by state or federal law to administer oaths. No official seal
need be affixed to said oath and neither the elector nor the certifying offi-
cer need disclose his whereabouts at the time of taking said oath except to
the extent required by the federal post card application.
History: En. Sec. 4, Ch. 99, L. 1943;
amd. Sec. 9, Ch. 18, L. 1959.
23-1405. Classification of federal post card application. Upon receipt
by the county clerk of a federal post card application properly filled out
and signed under oath, the county clerk shall classify such federal post
card application according to the precinct in which the elector resides, and
259
23-1406 ELECTION LAWS
shall arranjre the cards in each precinct in alphabetical order. The county
clerk shall, upon receipt of any federal post card application, immediately
enter upon the official reo:ister of the county in the proper precinct the full
information given by said elector. Immediately upon entry upon the offi-
cial register of the county of the name of the elector in tlie United States
service the county clerk shall send to him or her by the fastest mail .service
availalile a notice that he has been registered and informing him that in
order to secure a ballot he must mail at any time within forty-five (45)
days next preceding the election another federal post card application to
his county clerk or city clerk or tov^^n clerk.
History: * En. Sec. 5, Ch. 99, L. 1943;
amd. Sec. 10, Ch. 18, L. 1959.
23-1406. Penalty applicable. The penalty provided for by section 23-
503, in the case of an elector residing within the county who registers, is
hereby made applicable to violations of the provisions of this act.
History: En. Sec. 6, Ch. 99, L. 1943.
CHAPTER 15
KEGISTRATION OF ELECTORS ABSENT FROM COUNTY OF THEIR RESIDENCE
Section 23-1501. Method of registration of voters absent from county.
23-1502. Registration card mailed upon application.
23-1503. Questions asked and answered in writing.
23-1501. Method of registration of voters absent from county. Any
elector who is unable to make personal application for registration to vote
by appearing before the county clerk and ex officio registrar of the countj'
of his or her legal residence, by reason of being absent from the county,
may register to vote prior to the close of registration, before any election to
be held in the state of Montana, by appearing, executing and verifying
under oath, before a notary public or other officer authorized to administer
oaths, at any place within the continental limits of the United States of
America, a registration card in the form prescribed in section 23-502, and re-
turning such registration card, so executed and verified, to the county clerk
and ex officio registrar of the count}^ in which his or her legal residence is
located in sufficient time to reach such county clerk and ex officio registrar
before the close of registration ; provided, however, such an elector shall not
be entitled to have his name entered in the official register of electors until
at least two (2) registered electors of the county in which such elector
desiring to be registered has his place of residence, as stated in his appli-
cation for registration, appear before tlie county clerk and ex officio regis-
trar anil make affidavit or affidavits in writing, stating they are personally
acfjuainted with the ai)i)licant for registration, are familiar with and know
his signature, have seen him write and that the signature subscribed to the
application for registration is the signature of such elector.
History: En. Sec. 1, Ch. 190, L. 1943. Collateral References
I';iccti(iiisC=2H;.l.
2!) C..I.S. Elections § 210.
260
VOTING MACHINES 23-1601
23-1502. Registration card mailed upon application. Tlie county clerk
and ex officio registrar of the county of an elector's legal residence shall
furnish to any elector applying therefor, whether application be made by
mail, telegram or telephone, one (1) of the printed registration cards pro-
vided for registration of electors, to be used by such elector in registering;
said card to be transmitted by United States mail, with postage prepaid, by
said county clerk and ex officio registrar to the address furnished by the
elector at the time of making of his application.
History: En. Sec. 2, Ch. 190, L. 1943.
23-1503. Questions asked and answered in writing. In the case of any
person who desires and who is entitled to register in the manner provided in
section 23-1501, the questions required by section 23-510, to be asked each
person registering, shall be propounded in writing and shall be transmitted
by the county clerk and ex officio registrar, together with registration card,
in the manner above provided, to the person so desiring to register, who
shall answer such questions in writing and shall return such answers to the
county clerk and ex officio registrar, together with completed registration
card.
History: En. Sec. 3, Ch, 190, L. 1943.
CHAPTER 16
VOTING MACHINES— CONDUCT OF ELECTION WHEN USED
Section 23-1601. Voting machines — secretary of state.
23-1602. Specifications of machines required.
23-1603. Purchase and use of voting machines at elections.
23-1604. Payment for machines, how provided for.
23-1605. Method of conducting elections.
23-1606. Assistance to elector unable to record vote.
23-1607. Ballots and instructions to voters.
23-1608. City and county clerks to set up machines for use.
23-1608A. Ballot — arrangement on machine.
23-1609. Irregular ballots.
23-1610. Counting the votes.
23-1611. Election returns.
23-1612. Election laws applicable.
23-1613. Penalty for neglect of duty by election officer.
23-1614. Penalty for tampering with or injuring machines.
23-1615. Penalty for violation of duty by judge of election.
23-1616. Penalty for fraudulent returns or certificates.
23-1617. Experimental use of machines — defective machines.
23-1618. Approved machines- — continuation of use.
23-1601. (757) Voting machines — secretary of state. It shall be the
duty of the secretary of state to examine, or cause to be examined, all
voting or ballot machines in order to determine whether such machines
comply with the requirements of this chapter, and can safely be used by
voters at elections under the provisions of said chapter, and no machine or
machines shall be provided or used at any election in this state unless such
machine or machines shall have received the approval of the secretary of
state as herein provided. The secretary of state may employ two qualified
mechanics, who shall be qualified electors of the state of Montana, to ex-
261
23-1602 ELECTION LAWS
amine said machines and assist him in the discharge of his duties under
said chapter, the compensation to be paid such qualified mechanics not to
exceed the sum of ten dollars ($10.00) each for each day actually employed.
Any machine or machines which shall have the approval of the secretary of
state may be provided for in this chapter. The report of the secretary of
state on each and every kind of voting machine shall be filed in his office
within thirty days after examining the machine, and he shall, within five
days after the filing of any report approving any machine or machines
transmit to the board of county commissioners, city or town council or other
board of officers having charge and control of elections in each of the
counties, cities and towns in this state, a list of the machines so approved.
No machine or machines shall be used unless they shall have received the
approval of the secretary of state at least sixty days prior to any election at
Avhich such machine or machines are to be used. The compensation of the
mechanics and all other expenses connected with the examination of any
machine shall be paid, or cause to be paid, by the person or company sub-
mitting a machine for examination before the filing of the report thereon.
The amount of such expenses shall be certified by the state auditor and paid
by the state treasurer.
History: En. Sec. 1, Ch. 168, L. 1907; being employed, not to designate a piece
Sec. 609, Rev. C. 1907; re-en. Sec. 757, of paper, but a method to insure, so far as
R. C. M. 1921; amd. Sec. 1, Ch. 19, L, possible, the secrecy and integrity of the
1943. popular vote. State ex rel. Fenner v.
Operation and Effect Keating, 53 M 371, 377 et seq., 163 P 1156.
This act is not invalid as in contraven- Collateral References
tion of section 1, article IX, Constitution ElectionsC=>222.
of Montana, providing that all elections 29 C.J.S. Elections § 203.
shall be "by ballot," the term "ballot" 18 Am. Jur. 324, Elections, § 213.
23-1602. (758) Specifications of machines required. No machine or
machine sj^stem shall be approved by the secretary of state unless it is so
constructed as to afford every elector a reasonable opportunity to vote for
any person for any office, or for or against any proposition for whom, or for
or against which he is entitled by law to vote, and enable him to do this in
secrecy ; and it must be so constructed as to preclude an elector from voting
for any candidate for the same office or upon any question more than once,
and from voting for any person for any office or on any proposition, for
whom or on which he is not entitled to vote. The machine or machine sys-
tem must admit of his voting a split ticket as he may desire. It must also be
constructed as to register or record each and every vote cast. For presi-
dential electors one device may be provided for voting for all the candidates
on one party at one time by the use of such device, opposite or adjacent to
which shall be a ballot on the machine containing the names of all the candi-
dates for all presidential electors for that party, and a vote registered or
recorded by the use of such device shall be counted for each of such candi-
dates on said ballot. The machine must be so constructed that it cannot be
tampered with or manipulated for any fraudulent purpose ; and the machine
must be so locked, arranged, or constructed, that during the progress of
the voting no person can see or know the number of votes registered or re-
corded for any candidate or for or against any proposition.
History: En. Sec. 2, Ch. 168, L. 1907; Operation and Effect
Sec. 610, Rev. C. 1907; re-en. Sec. 758, Jn an action of quo warranto to deter-
R. C. M. 1921; amd. Sec. 2, Ch. 19, L. 1943. mine the title to an office, the claim was
262
VOTING MACHINES
23-1605
made that the voting machines used at
an election in one of the counties of the
state did not comply with the law which
authorizes their use, basing the conten-
tion upon the provision of above section,
that "the machine must be constructed
so that it cannot be tampered with or
manipulated for any fraudulent purpose."
The provision quoted is, however, to be
read in connection with the remainder of
the act and, when so read, it becomes ob-
vious that the act does not require a vot-
ing machine which will be proof against
all tampering or manipulation, but one
which, when honestly operated, will en-
able an elector to secretly cast his vote
as he wishes to cast it and have it counted
as cast, and which cannot be tampered
with or manipulated in such a way that,
though properly operated by the elector,
it would seem to receive and record his
vote without doing so. State ex rei. Fen-
ner v. Keating, 53 M 371, 381, 163 P 1156.
Collateral References
Elections©=27.
29 C.J.S. Elections § 191.
23-1603. (759) Purchase and use of voting machines at elections. TKe
boards of county commissioners of counties of the first class shall, and the
boards of county commissioners of other counties and city councils of all
cities and towns, may, at their option, adopt and purchase, for use in the
various precincts, any voting machine approved in the manner above set
forth in section 23-1601, by the secretary of state, and none other. If it shall
be impracticable to supply each and every election district with a voting
machine or voting machines at any election folloAving the adoption of such
machines in a city, village, or town, as many may be supplied as it is prac-
ticable to procure, and the same shall be used in such precinct of the mu-
nicipality, as the proper officers may order. The proper officers of any city,
village, or town may, not later than the tenth (10th) day of September, in
any year in which a general election is held, unite two or more precincts
into one for the purpose of using therein at such election a voting machine,
and the notice of such uniting shall be given in the manner prescribed by
law for the change of election districts.
History: En, Sec. 3, Ch. 168, I*. 1907; Collateral References
Sec. 611, Rev. C. 1907; amd. Sec. 1, Ch. 6, Elections®=»222
1909; re-en. Sec. 759, R. C. M. 1921; £9 C.J.S. Elections 8 203.
L.
amd. Sec. 1, Ch. 26, L. 1947.
18 Am. Jur. 324, Elections, § 213.
23-1604. (760) Payment for machines, how provided for. Payment for
voting machines purchased may be provided by the issuance of interest-
bearing bonds, certificates of indebtedness, or other obligation, which will
be a charge upon such county, city, or town. Such bonds, certificates, or
other obligation may be made payable at such time or times, not exceeding
ten years from the date of issue, as may be determined, but shall not be
issued or sold at less than par.
Collateral References
Counties®='164, 173(1); Municipal Cor-
porations®=5897, 910.
20 C.J.S. Counties §§248, 258; 64 C.J.S.
Municipal Corporations §§ 1893, 1905.
History: En. Sec. 4, Ch. 168, L. 1907;
Sec. 612, Rev. C. 1907; re-en. Sec. 760,
R. C. M. 1921.
23-1605. (761) Method of conducting elections. (1) The room in
which the election is held shall have a railing separating that part of the
room to be occupied by the election officers from that part of the room
occupied by the voting machine. The exterior of the voting machine and
every part of the polling-place shall be in plain view of the judges. The
machine shall be so placed that no person on the opposite side of the railing
263
23-1606 ELECTION LAWS
can see or determine how the voter easts his vote, and that no person can
so see or determine from the outside of the room. After the opening of the
polls, the judges shall not allow any person to pass within the railing to that
part of the room where the machine is situated, except for the purpose of
voting and except as provided in the next succeeding section of this act ;
and they shall not permit more than one voter at a time to be in such part
of the room. They shall not themselves remain or permit any person to
remain in any position that would permit him or them to see or ascertain
how the voter votes or how he has voted. No voter shall remain within the
voting machine booth or compartment longer than one minute, and if he
should refuse to leave it after that lapse of time he shall at once be removed
by the judges. The election board of each election precinct in which a vot-
ing machine is used shall consist of three judges of election. Where more
than one machine is to be used in an election precinct, one additional judge
shall be appointed for each additional machine. Before each election at
which voting-machines are to be used, the custodian shall instruct all judges
of election that are to serve thereat in the use of the machine and their du-
ties in connection therewith ; and he shall give to each judge that has re-
ceived such instruction, and is fully qualified to conduct the election with
the machine, a certificate to that effect. For the purpose of giving such in-
struction, the custodian shall call such meeting or meetings of the judges
of election as shall be necessary.
(2) Each judge of election shall attend such meeting or meetings and
receive such instructions as shall be necessary for the proper conduct of the
election with the machine ; and, as compensation for the time spent in
receiving such instruction, each judge that shall qualify for and serve in the
election shall receive the sum of one dollar, to be paid to him at the same
time and in the same manner as compensation is paid to him for his services
on election day. No such judge of election shall serve in any election at
which a voting machine is used, unless he shall have received such instruc-
tion and is fully qualified to perform his duties in connection with the
machine, and has received a certificate to that effect from the custodian of
the machines; provided, however, that this shall not prevent the appoint-
ment of a judge of election to fill a vacancy in an emergency.
History: En. Sec. 5, Ch. 168, L. 1907; Collateral References
Sec. 613, Rev. C. 1907; amd. Sec. 1, Ch. 99, Elections<®=»''''2
L. 1909; re-en. Sec. 761, R. C. M. 1921. 29 C.J.S. Elections §203.
23-1606. (762) Assistance to elector unable to record vote. If any
voter shall, in the presence of the judges of election, declare that he is un-
able to read or write the English language, or that by reason of a physical
disability or total blindness he is unable to register or record his vote upon
the voting machine, he shall be assisted as provided by section 23-1213.
Any person who shall deceive any elector in registering or recording his
vote under this section, or who shall register or record his vote in any other
way than as requested by such person or who shall give information to any
person as to what ticket or for what person or persons such person voted,
shall be punished as provided in section 94-1407.
History: En. Sec. 6, Ch. 168, L. 1907; Collateral References
Sec. 614, Rev. C. 1907; re-en. Sec. 762, Elcctions€:=>'^'^0
R. C. M. 1921; amd. Sec. 1, Ch. 31, L. 1935. 09 C.J.S. Elections § 208.
18 Am. Jur. 328, Elections, §§ 218 et seq.
264
VOTING MACHINES 23-1607
23-1607. (763) Ballots and instructions to voters. (1) Not more than
ten (10) or less than three (3) days before each eleetion at which voting
machines are to be used, the board, or officials, charged with the duty of
providing ballots, shall publish in newspapers representing at least two (2)
political parties a diagram of reduced size showing the face of the voting
machine, after the official ballot labels are arranged thereon, together with
illustrated instructions how to vote, and a statement of the locations of such
voting machines as shall be on public exhibition; a voting machine shall at
all time be on exhibition for public demonstration in the office of the county
clerk and recorder in the counties where said voting machines are used,
and it shall be the duty of said county clerk and recorder to demon-
strate and explain the working and operation of said voting machine to
any inquiring voter; or in lieu of such publication, said board or officials
may send by mail or otherwise at least three (3) days before the election,
a printed copj' of said reduced diagram to each registered voter.
(2) Not later than forty (40) daj's before each election at which voting
machines are to be used the secretary of state shall prepare samples of the
printed matter and supplies named in this section, and shall furnish one of
each thereof to the board or officials having charge of election in each
county, city, or village in which the machines are to be used, such samples
to meet the requirements of the election to be held, and to suit the construc-
tion of the machine to be used.
(3) The board or officials charged with the duty of providing ballots,
shall provide for each voting machine for each election the following
printed matter and supplies ; suitable printed or written directions to the
custodian for testing and preparing the voting machines for the election;
one certificate on which the custodian can certify that he has properly tested
and prepared the voting machine for the election ; one certificate on which
some person other than the custodian preparing the machine, can certify
that the voting machine has been examined and found to have been prop-
erly prepared for the election ; one certificate on which the party represent-
atives can verify that they have witnessed the testing and preparation of
the machines ; one certificate on which the deliverer of the machine can
certify that he has delivered the machines to the polling-places in good
order; one card stating the penalty for tampering with or injuring a voting
machine ; two seals for sealing the voting machine ; one envelope in which
the keys to the voting machine can be sealed and delivered to the election
officers, said envelope to have printed or written thereon the designation
and location of the election district in which the machine is to be used, the
number of machine, the number shown on the protective counter thereof
after the machine has been prepared for the election and the number or other
designation on such seal as the machine is sealed with; said envelope to
have attached to it a detachable receipt for the delivery of the keys of the
voting machine to the judge of election ; one envelope in which keys to the
voting machine can be returned by the election officers after the election;
one card stating the name and telephone address of the custodian on the
day of the election; two statements of canvass on which the election officers
can report the canvass of votes as shown on tlie voting machine, together
with other necessary information relating to the election, said statements of
265
23-1607 ELECTION LAWS
canvass to take the place of all tally papers, statements, and returns as
provided heretofore; three (3) complete sets of ballot labels; two diagrams
of the face of the machine with the ballot labels thereon, each diagram to
have printed above it the proper instructions to voters for voting on the
machine; six (6) suitable printed instructions to judges of election; six (6)
notices to judges of election to attend the instruction meeting; six (6)
certificates that the judges of election have attended the instruction meet-
ing, have received the necessary instruction, and are qualified to conduct
the election with the machine.
(4) The ballot labels shall be printed in black ink on clear white ma-
terial of such size and arrangement as shall suit the construction of the
machine ; provided, however, that the ballot labels for the questions may
contain a condensed statement of each question to be voted on, followed
by the words "Yes" and "No"; and provided further, that the titles of
the officers thereon shall be printed in type as large as the space for each
office ; will reasonably permit, and wherever more than one candidate will
be voted for for an office, there shall be printed below the office title thereof
the words "vote for any two," or such number as the voter is lawfully en-
titled to vote for for such office.
(5) "When any person is nominated for an office by more than one
political party his name shall be placed upon the ticket under the desig-
nation of the party which first nominated him; or, if nominated by more
than one party at the same time, he shall, within the time fixed by law for
filing certificates of nomination, file with the officer with whom his cer-
ticate of nomination is required to be filed, a written statement indicating
the party designation under which he desires his name to appear upon the
ballot, and it shall be so printed. If he shall refuse or neglect to so file such a
statement, the officer with whom the certificate of nomination is required
to be filed shall place his name under the designation of either of the par-
ties nominating him, but under no other designation whatsoever.
(6) If the election be one at which all the candidates for office of
presidential electors are to be voted for with one device, the county com-
missioners shall furnish for each machine twenty-five (25) ballots for each
political party, each ballot containing the names of the candidates for the
office of presidential electors of such party and a suitable space for writing
in names, so that the voter can vote thereon for part of the candidates for
the office of presidential electors of one party and part of the candidates
therefor of one or more other parties or for persons for that office not
nominated by any party. For election precincts in which voting machines
are to be used, no books or blanks for making poll-lists shall be provided,
but in lieu thereof, the registry -lists shall contain a column in which can be
entered the number of each voter's ballot as indicated by the number regis-
tered on the public counter as he emerges from the voting machine.
History: En. Sec. 7, Ch. 168, L. 1907; Collateral References
Sec. 616, Eev. C. 1907; amd. Sec. 2, Oh. 99, Election8<S=»222
L. 1909; «nd. Sec. 1, Ch. 246. L. 1921; 29 C.J.S. Elections §203.
re-en. Sec. 763, R. C. M. 1921. ^
266
VOTING MACHINES 23-1608A
23-1608. (764; City and county clerks to set up machines for use.
(1) The city or county clerks of each city or coiuity in which a voting;
machine is to be used shall cause the proper ballots to be put upon each
machine corresponding with the sample ballots herein provided for, and
the machines in every way put in order, set and adjusted ready for use
in voting when delivered at the precinct, and for the purpose of so labeling
the machines, putting in order, setting and adjusting the same, they may
employ one or more competent persons, and they shall cause the machine
so labeled, in order and set and adjusted, to be delivered at the voting
precinct, together with all necessary furniture and appliances that go with
the same in the room where the election is to be held in the precinct, in
time for the opening of the polls on election day ; provided, however,
that a shield of tin painted black made to conform with the shape of the
keys or levers on said voting machine, shall be placed over the keys or
levers not in use on the face of the ballot of the voting machine ; said
shields to be plainly marked with the words "not in use."
(2) In primary elections a separate row or column shall be as-
signed to each political party and at least one row or column shall sep-
arate the rows assigned to the two major political parties as defined in
section 23-1107, Revised Codes of Montana, 1947. In this row or column
shall be placed the nonpartisan judicial ballot. In general elections the
ballot on the voting machines shall be arranged and the names of the
candidates for each office rotated to conform as nearly as possible to the
requirements for paper ballots set forth in section 23-1107, Revised Codes
of Montana, 1947. The names of the candidates of the two major parties
as defined in section 23-1107, Revised Codes of Montana, 1947, shall ap-
pear in and be rotated between the first two horizontal rows or vertical
columns, and the names of the candidates of minor parties and independent
candidates shall appear in and be rotated between succeeding rows or
columns; provided, however, that the arrangement of the ballot shall be
uniform on all machines in the same precinct. The party designation of
each candidate shall be printed after or below his name in type as large
as the design of the machine will allow.
(3) The nonpartisan judicial ballot shall be placed in the first two
horizontal or vertical rows or columns in the same position as prescribed
for judicial candidates in section 23-1111, Revised Codes of Montana, 1947.
(4) The judges shall compare the ballots on the machine with the
sample ballot, see that they are correct, examine and see that all the
counters, if any, in the machine are set at zero, and that the machine is
otherwise in perfect order, and they shall not thereafter permit the ma-
chine to be operated or moved except by electors in voting, and they
shall also see that all necessary arrangements and adjustments are made
for voting irregular ballots on the machine, if such machine be so arranged.
History: En. Sec. 8, Ch. 168, L. 1907; 246, L. 1921; re-en. Sec. 764, R. C. M.
Sec. 616, Rev. C. 1907; amd. Sec. 2, Ch. 1921; amd. Sec. 1, Ch. 20, L. 1959.
23-1608A. Ballot — arrangement on machine. The arrangement of the
general election ballot on voting machines with horizontal rows shall be,
as nearly as possible, in the following form:
267
23-1608A
ELECTION LAWS
INITIATIVES.
REFERENDU.MS AND
CONSTITUTIONAL
AMENDMENTS
CONSTITUTIONAL AMENDMENT
OFFICES
CANDIDATES
CANDIDATES
CANDIDATES
CANDIDATES
FOR
PRESIDENTIAL
ELECTORS TO VOTE
FOR PRF^SIDENT
AND VICE PRESI-
DENT OF THE
UNITED STATES
Vote for one
Democrat
JOHN DOE for
President
ALBERT ORE for
Vice President
John Doe, Ella Moe,
Jane Roe, Tom Voe
Republican
FR-\NK MOE for
President
HARRY COE for
Vice President
Jane Doe, John Moe,
Turn Roe, John Vue
UNITED
STATES
SENATOR
Vote for one
TOM
COE
Republican
JACK
MOE
Democrat
JOE
ROB
Socialist
REPRESENT-
ATIVE IN
CONGRESS
Vote for one
JOHN
DOE
Democrat
MIKE
ORE
Republican
GOVERNOR
Vote for one
BILL
COE
Rt^publican
TOM
lidH
Democrat
(Same for Lieutenant
(iovernor, Secretary
of State, Attorney
General. State Treas-
urer, State Auditor,
Railroad and Public
Service Commission-
ers. State Superin-
tendent of Public In-
struction, Clerk of
the Supreme Court,
Chief Justice of the
Supreme Court, As-
sociate Justice of the
Supreme Court and
District Judges)
268
VOTING MACHINES
23-1608A
FOR
INITIATIVE NO. 1
FOR
AGAINST
AGAINST
STATE
SENATOR
Vote for one
MEMBER OF THE
HOUSE OF REPRESENTATIVES
Vote for four
COUNTY
COMMIS-
SIONER
Vote for one
JOE
COB
Republican
JACK PETE BILL FRANK
BOB COE DOE HOE
Democrat Democrat Republican Democrat
JOHN
DOE
Democrat
(Same for all
County and Town-
ship offices.)
TOM
DOB
Democrat
ALLEN OLE JOHN EARL
JOE KOE MOE ROE
Republican Republiran Democrat Republican
MIKE
ROE
Republican
MIKE JIM BILL
FOB GOE LOE
Independent Socialist Prohibition
269
23-1609
ELECTION LAWS
The arrangement of the general election ballot on voting machines
with vertical columns shall be, as nearly as possible, in the following form:
Offices
Candidates
Candidates
Candidates
Candidates
Initiatives, Referendums
and Constitutional
Amendments
FOR PRESIDEN-
•nAL ELECTORS
TO VOTE FOR
PRESIDENT AND
VICE PRESIDENT
OF THE UNITED
STATES
Vote for one
Democrat
JOHN DOE
for President
ALBERT ORE
for
Vice-President
John Doe,
Ella Moe
Jane Roe,
Tom Voe
Republican
FRANK MOE
for President
HARRY COE
for
Vice-President
Jane Doe,
John Moe
Tom Roe,
John Voe
CONSTITU-
TIONAL
AMENDMENT
UNITED STATES
SENATOR
Vote for one
TOM COE
Republican
JACK MOB
Democrat
JOB HOE
Socialist
FOR
REPRESENTA-
TIVE IN
CONGRESS
Vote for one
JOE DOE
Democrat
MIKE ORE
Bepublican
AGAINST
GOVERNOR
Vote for one
BILL COE
Bepublican
TOM ROE
Democrat
(Same for Lieutenant Governor, Secretary of State,
Attorney General. State Treasurer, State Auditor,
Railroad and Public Service Commissioners, State
Superintendent of Public Instruction, Clerk of the
Supreme Court, Cliief Justice of the Supreme Court,
Associate Justice Justice of the Supreme Court and
District Judges.)
STATE SENATOR
Vote for one
JOE COE
Republican
TOM DOB
Democrat
INITIATIVE
NO. 1
MEMBER OF THE
HOUSE OF REP-
RE.SENTATIVES
Vote for four
JACK BOE
Democrat
PETE COE
Democrat
BILL DOE
Republican
FRANK HOB
Democrat
ALLEN JOE
Republican
OLE KOE
Rep-iblican
JOE MOE
Democrat
EARL ROE
Republican
MIKE FOE
Indept-ndent
JIM GOE
Socialist
BILL LOE
Prohibition
FOR
AGAINST
COUNTY
CONCNnSSIONER
Vote for one
JOHN DOE
Democrat
MIKE ROE
Republican
(Same for all County and Towashlp offices.)
History: En. 23-1608A by Sec. 2, Ch.
20, L. 1959.
23-1609. (765) Irregnlax ballots. In case a voting machine be adopted
which provides for the registry or recording of votes for candidates
whose names are not on the official ballot, such ballots shall be denominated
irregular ballots. A person whose name appears on a ballot, or on or in a
machine or machine system, shall not be voted for for the same office or on
or in any regular device for casting an irregular ticket, and any such vote
shall not be counted, except for the office of presidential electors, and an
elector may vote in or on such irregular device for one or more persons
nominated by one party with one or more persons nominated by any one or
all other parties, or for one or more persons nominated by one or more par-
270
VOTING MACHINES 23-1611
ties with one or more persons not in nomination, or he may vote in such ir-
regular device a presidential electoral ticket composed entirely of names of
persons not in nomination.
History: En. Sec. 9, Ch. 168, L. 1907;
Sec. 617, Rev. C. 1907; re-en. Sec. 765,
R. C. M. 1921.
23-1610. (766) Counting the votes. As soon as the polls of the election
are closed the judges shall immediately lock the machine, or remove the
recording device so as to provide against voting, and open the registering
or recording compartments in the presence of any person desiring to attend
the same, and shall proceed to ascertain the number of votes cast for each
person voted for at the election, and to canvass, record, announce, and re-
turn the same as provided by law.
History: En. Sec. 10, Ch. 168, L. 1907; Collateral References
Sec. 618, Rev. C. 1907; re-en. Sec. 766, Election8<S=»222.
R. C. M. 1921. 29 CJ.S. Elections § 203.
23-1611. (767) Election returns. (1) The judges, as soon as the
count is completed and fully ascertained, shall place the machine for one
hour in such a position that the registering or recording compartments will
be in full view of the public and any person desiring to view the number of
votes cast for each person voted for at the election, must be permitted to do
so. Immediately after the above said one hour shall have expired the
judges shall seal, close, lock the machine or remove the record so as to pro-
vide against voting or being tampered with, and in case of a machine so
sealed or locked, it shall so remain for a period of at least thirty (30) days,
unless opened by order of a court of competent jurisdiction. When irregu-
lar ballots, have been voted, the judges shall return them in a properly
sealed package endorsed "irregular ballots," and indicating the precinct
and county and file such package with the city or county clerk. It shall
be preserved for six (6) months after such election and may be opened
and its contents examined only upon an order of a court of competent
jurisdiction; at the end of such six (6) months unless ordered otherwise
by the court, such package and its contents shall be destroyed by the city
or county clerk. All tally sheets taken from such machine, if any, shall
be returned in the same manner.
(2) The officers heretofore charged with the duty of furnishing tally
sheets and return blanks shall furnish suitable return blanks and certificates
to the officers of election. Such return sheets shall have each candidate's
name designated by the same reference character that said candidate's name
bears on the ballot labels and counters, and shall make provision for writing
in of the vote for such candidate in figures and shall also provide for writ-
ing in of the vote in words. Such return sheet shall also provide for the re-
turn of the vote on questions. It shall also have a blank thereon, on which
can be marked the precinct, ward, etc., of which said return sheet bears the
returns and the number and make of the machine used. Said return sheet
shall also have a certificate thereon, to be executed before the polls open by
the judges of election, stating that all counters except the protective coun-
ter, if any, and except as otherwise noted thereon, stood at "000" at the be-
ginning of the election, and that all of said counters had been carefully
271
23-1612 ELECTION LAWS
examined before the beginning of the election ; that the ballot labels were
correctly placed on the machine and correspond to the sample ballot, and
such other statements as the particular machine may require ; and shall
provide for the signature of the election officers. Said return sheet shall
also have thereon a second certificate stating the manner of closing the
polls, the manner of verifying the returns, that the foregoing returns are
correct, giving the indication of the public counter, and poll-list, and pro-
tective counter, if any, at the close of the election. Such certificate shall
properly specify the procedure of canvassing the vote and locking the
machine, etc., for the particular type of macliine used, and such certificate
shall be such that the election officers can properly subscribe to it as hav-
ing been followed and shall have provisions for the signature of the elec-
tion officers. The election officers shall conform their procedure to that
specified in the certificate to which the}' must certify. The certificate and
attest of the election officers shall appear on each return sheet.
History: En. Sec. 11, Ch. 168, L. 1907; Collateral References
Sec. 619, Rev. C. 1907; amd. Sec. 3, Ch. Electionse=248 250
246, L. 1921; re-en. Sec. 767, R. C. M. 1921. ^9 C.J.S. Elections §§ 230, 231.
23-1612. (768) Election laws applicable. All laws of this state ap-
plicable to elections where voting is done in another manner than by ma-
chine, and all penalties prescribed for violation of such laws, shall apply to
elections and precincts where voting machines are used, in so far as they
are not in conflict with the provisions of this chapter.
ffistory: En. Sec. 12, Ch. 168, L. 1907;
Sec. 620, Rev. C. 1907; re-en. Sec. 768,
R. C. M. 1921.
23-1613. (769) Penalty for neglect of duty by election officer. Any
public officer, or anj^ election officer upon whom any duty is imposed by this
act, who shall Avilfully neglect or omit to perform any such duties, or do
any act prohibited herein for which punishment is not otherwise provided
herein, shall, upon conviction, be imprisoned in the state prison for not less
than one year or more than three years, or be fined in any sum not exceed-
ing one thousand dollars, or may be punished by both such imprisonment
and fine.
History: En. Sec. 13, Ch. 168, L. 1907; Collateral References
Sec. 621, Rev. C. 1907; re-en. Sec. 769, Elec'tions<&=;n4.
R. C. M. 1921. 09 c J y Elections § 327.
23-1614. (770) Penalty for tampering with or injuring machines. Any
person not being an election officer who, during any election or before any
election, after a voting machine has had placed upon it the ballots for such
election, shall tamper with such machine, disarrange, deface, injure, or
impair the same in any manner, or mutilate, injure, or destroy any ballot
placed thereon or to be placed thereon, or any other appliance used in con-
nection with such machine, shall be imprisoned in the state prison for a
period of not more than ten years, or be fined not more than one thousand
dollars, or be punislicd by botli .such fine and imprisonment.
History: En. Sec. 14, Ch. 168, L. 1907; Collateral References
Sec. 622, Rev. C. 1907; re-en. Sec. 770, Elections<3=3309.
R. C. M. 1921. 29 C.J.S. Elections §§ 324, 334.
272
VOTING MACHINES 23-1618
23-1615. (771 j Penalty for violation of duty by judge of election.
AVhocver, boino- a judge of elct'tion, with intent to permit or cause any
voting machine to fail to correctly register or record any vote cast thereon,
tampers with or disarranges such machine in any way, or any part or
appliance thereof, or who causes or consents to said machine being used
for voting at any election with knowledge of the fact that the same is
not in order or not perfectly set and adjusted, so that it will correctly
register or record all votes cast thereon, or who, for the purpose of de-
frauding or deceiving any voter, or of causing it to be doubtful for
what ticket or candidate or candidates or proposition any vote is cast, or
of causing it to appear upon said machine that votes cast for one ticket,
candidate, or proposition were cast for another ticket, candidate, or propo-
sition, removes, changes, or mutilates any ballot on said machine, or any
part thereof, or does any other like thing, shall be imprisoned in the state
prison not more than ten years, or fined not exceeding one thousand dollars,
or punished by both such fine and imprisonment.
History: En. Sec. 15, Ch, 168, L. 1907;
Sec. 623, Rev. C. 1907; re-en. Sec. 771,
R. C. M. 1921.
23-1616. (772) Penalty for fraudulent returns or certificates. Any
judge or clerk of an election who shall purposely cause the vote registered
or recorded on or in such machine to be incorrectly taken down as to any
candidate or proposition voted on, or who shall knowingly cause to be made
or signed any false statement, certificate, or return of any kind, of such
vote, or who shall knowingly consent to such things, or any of them, being
done, shall be imprisoned in the state prison not more than ten years, or
fined not more than one thousand dollars or punished by both such fine and
imprisonment.
History: En. Sec. 16, Ch. 168, L. 1907;
Sec. 624, Rev. C. 1907; re-en. Sec. 772,
R. C. M. 1921.
23-1617. (773) Experimental use of machines — defective machines.
The proper officers authorized by section 23-1603 to adopt voting machines,
may provide for the experimental use at an election of a machine or ma-
chines, approved by the secretary of state, in one or more precincts, without
a formal adoption or purchase thereof, and the use thereof at such election
shall be as valid for all purposes as if formally adopted. If from any cause
a machine becomes unworkable, or unfit for use, voting shall proceed as in
cases w^here machines are not used, and the county clerk must furnish each
voting place with the supply of ballots and other supplies required by the
election laws, to be used in case of emergency herein provided for, and in
such case only.
History: En. Sec. 17, Ch. 168, L. 1907; 1921; re-en. Sec. 773, R. C. M. 1921; amd.
Sec. 625, Rev. C. 1907; amd. Sec. 3, Sec. 3, Ch. 19, L. 1943.
Ch. 99, L. 1909; amd. Sec. 4, Ch. 246, L.
23-1618. Approved machines — continuation of use. All voting ma-
chines heretofore approved in accordance with the provisions of said sec-
tions 23-1601 and 23-1602 prior to the amendment thereof by this act, and
now owned and used by any of the several counties, cities or towns in this
273
23-1701 ELECTION LAWS
state, may be continued in use by such counties, cities and towns without
the same being required to be again approved by the secretary of state in
accordance with the provisions of said sections as hereby amended.
History: En. Sec. 4, Ch. 19, L. 1943.
CHAPTER 17
ELECTION RETURNS
Section 23-1701. Canvass to be public and without adjournment.
23-1702. Mode of canvassing.
23-1703. Where ballots are in excess of names on poll-books.
23-1704. What ballots must be counted.
23-1705. Ascertaining the number of votes cast and persona voted for.
23-1706. Ballots to be strung and inclosed in sealed envelopes.
23-1707. Rejected ballots.
23-1708. Poll-books — signing and certification of.
23-1709. Election returns by judges — how made.
23-1710. Custody of election returns.
23-1711. Delivery to county clerk.
23-1712. Filing of ballots and stubs by county clerk.
23-1713. Keeping returns pending contest.
23-1714. Disposition of returns prior to canvass of vote.
23-1715. Clerk to file in his office books, papers, etc.
23-1701. (774) Canvass to be public and without adjournment. As
soon as the polls are closed, the judges must immediately proceed to can-
vass the votes given at such election. The canvass must be public in the
presence of bystanders and must be continued without adjournment until
completed and the result thereof is publicly declared.
History: Ap. p. Sec. 22, p. 380, Bannack related sections in Harrington v. Crichton,
Stat.; re-en. Sec. 22, p. 464, Cod. Stat. 53 M 388, 392, 164 P 537; Maddox v. Board
1871; re-en. Sec. 21, p. 75, L. 1876; re-en. of State Canvassers, 116 M 217, 223, 149
Sec. 536, 5th Div. Rev. Stat. 1879; re-en. P 2d 112.
Sec. 1027, 5th Div. Comp. Stat. 1887; amd.
Sec. 1400, Pol. C. 1895; re-en. Sec. 572, Collateral References
Rev. C. 1907; re-en. Sec. 774, R. C. M. Elections<®='259-261.
1921. Cal. Pol. C. Sec. 1252. 29 C.J.S. Elections § 237.
References
Cited and applied in connection with
18 Am. Jur. 346, Elections, §§ 252 et seq.
23-1702. (775) Mode of canvassing. The canvass must commence by
a comparison of the poll-books from the commencement, and the cor-
rection of any mistakes that may be found therein, until they are found
to agree. The judges must then take out of the box the ballots unopened
except to ascertain whether each ballot is single, and count the same to
determine whether the number of ballots corresponds with the number
of names on the poll-books. If two or more ballots are found so folded
together as to present the appearance of a single ballot, they must be
laid aside until the count of the ballots is completed, and if, on comparing
the count with the poll-books and further considering the appearance
of such ballots, a majority of the judges are of the opinion that the bal-
lots thus folded together were voted by one elector, they must be rejected ;
otherwise they must be counted.
History: Ap. p. Sec. 23, p. 380, Ban- 1887; amd. Sec. 1401, Pol. C. 1895; re-en.
nack Stat.; re-en. Sec. 23, p. 464, Cod. Sec. 573, Rev. C. 1907; re-en. Sec. 775,
Stat. 1871; re-en. Sec. 22, p. 75, L. 1876; R. C. M. 1921; amd. Sec. 12, Ch. 64, L,
re-en. Sec. 546, 5th Div. Rev. Stat. 1879; 1959. Cal. Pol. C. Sec. 1253.
re-en. Sec. 1028, 5th Div. Comp. Stat.
274
ELECTION RETURNS
23-1704
23-1703. (776) Where ballots are in excess of names on poll-books.
If the ballots then are found to exceed in number the whole number of
names on the poll-books, they must be placed in the box (after being
purged in the manner above stated), and one of the judges must, publicly,
and without looking in the box, draw therefrom singly and destroy un-
opened so many ballots as are equal to such excess. And the judges
must make a record on the poll-books of the number of ballots so destroyed.
History: Ap. p. Sec. 24, p. 380, Ban- amd. Sec. 1402, Pol. C. 1895; re-en. Sec.
nack Stat.; re-en. Sec. 24, p. 464, Cod. 574, Rev. C. 1907; re-en. Sec. 776 R C M
Stat. 1871; re-en. Sec. 23, p. 76, L. 1876; 1921; amd. Sec. 13, Ch. 64, L. 1959. Cal.
re-en. Sec. 537, 5th Div. Rev. Stat. 1879; Pol. C. Sec. 1255.
re-en. Sec. 1029, 5th Div, Comp. Stat. 1887;
23-1704. (777) What ballots must be counted. In the canvass of the
votes, any ballot which is not indorsed as provided in this code by the
official stamp is void and must not be counted, and any ballot or parts of a
ballot from which it is impossible to determine the elector's choice is void
and must not be counted; if part of a ballot is sufficiently plain to gather
therefrom the elector's intention, it is the duty of the judges of election to
count such part.
History: En. Sec. 30, p. 143, L. 1889;
re-en. Sec. 1403, Pol. C. 1895; re-en. Sec.
575, Rev. C. 1907; re-en. Sec. 777, R. C. M.
1921.
Indistinct and Irregular Marking of
Ballots
A ballot bearing a rather indistinct "X"
before contestant's name but sufficient to
be discernible should have been counted
for him where there was no erasure and
the elector voted for no other candidate
for that office; and under the rule that
the elector's intention must plainly appear,
where the voter marked two squares for
the office of sheriff, one of which showed
an extra line through the "X" indicating
perhaps, that the voter changed his mind
but for the fact that squares before the
names of other candidates were marked
similarly, the intention was not clear and
the ballot should not have been counted.
Peterson v. Billings, 109 M 390, 392, 96 P
2d 922.
Liberal Construction — Intention of Voter
Under this section, and the rule that
election laws must be liberally construed,
held, tliat a ballot showing the intersection
of the "X" outside the square should have
been counted for contestant, and that one
showing the intersection of the cross
squarely on the line of the square was
properly so counted for him. Peterson v.
Billings, 109 M 390, 393, 96 P 2d 922.
Operation and Effect
Where, from the manner in which a
ballot was marked, it was impossible to
determine the elector's choice, the ballot
was void under this section, and should
not have been counted in an election con-
test. Carwile v. Jones, 38 M 590, 598,
101 P 153.
This section was enacted prior to the
provision for a stub at the head of the
ballot. The legislature, by providing for
the stub to be numbered, and to be re-
moved only at the time of depositing the
ballot in the ballot-box, has hit upon an
effective method of guarding against
fraud and illegal voting, and has insured
the deposit of the ballot in the ballot-box,
and the provisions of the section should
now be construed in the light of the
changed conditions. Hence where ballots
had been delivered to electors by the
judges of election with the official stamp
apparently in the place in which the law
requires it to be, although in reality it
was on the stub instead of on the ballot
proper, the act of the judges in removing
the stamp with the stub, thus leaving the
ballot without the official designation, did
not render the ballots void, and the same
should have been counted. Harrington v.
Crichton, 53 M 388, 396, 164 P 537.
References
Cited or applied as section 1403, Politi-
cal Code, in State ex rel. Brooks v. Fran-
sham, 19 M 273, 292, 48 P 1; Goodell v.
Judith Basin County et al., 70 M 222, 242,
224 P 1110; State ex rel. Riley v. District
Court, 103 M 576, 588, 64 P 2d 115.
Collateral References
Elections®=224.
29 C.J.S. Elections § 211.
275
23-1705 ELECTION LAWS
23-1705. (778) Ascertaining the number of votes cast and persons voted
for. The ballots and poll-lists agreeing or being made to agree, the judges
must then proceed to count and ascertain tlie number of votes cast for each
person voted for. In making such count the ballots must be opened singly
by one of the judges, and the contents thereof, while exposed to the view
of the other judges, miist be distinctly read aloud by the judge who opens
the ballot. As the ballots are read, each clerk must write at full length
on a sheet to be known as a tally-sheet the name of every person voted
for and of the office for which he received votes, and keep by tallies on
such sheet the number of votes for each person. The tally-sheets must
then be compared ai)d their correctness ascertained, and the clerks must,
under the supervision of the judges, immediately thereafter set down, at
length and in their proper places in the poll-books, the names of all per-
sons voted for, the offices for which they respectively received votes, and
the total number of votes received by each person, as shown by the tally-
sheets. No ballot or vote rejected by the judges must be included in the
count provided for in this section.
History: Ap. p. Sec. 25, p. 380, Bannack 2(1 662; Maddox v. Board of State Caii-
Stat.; re-en. Sec. 25, p. 464, Cod. Stat. vassers, 116 M 217, 223, 149 P 2d 112;
1871; re-en. Sec. 24, p. 76, L. 1876; re-en. State ex rel. Thomas v. District Court,
Sec. 538, 5tli Div. Rev. Stat. 1879; re-en. 116 M 510, 513, 154 P 2d 980.
Sec. 1030, 5th Div. Comp. Stat. 1887; amd.
Sec. 1404, Pol. C. 1895; re-en. Sec. 576, Collateral References
Rev. C. 1907; re-en. Sec. 778, R. C. M. 1921. Elections<3='241.
References
Dubie V. Batani, 97 M 468, 476, 37 P
29 C.J.S. Elections § 224.
23-1706. (779) Ballots to be strung and inclosed in sealed envelopes.
The ballots, as soon as read or rejected for illegalit}^, must be strung upon a
string by one of the judges, and must not thereafter be examined by an}'-
person, but must, as soon as all legal ballots are counted, be carefully sealed
in a strong envelope, each member of the judges writing his name across
the seal.
History: En. Sec. 1405, Pol. C. 1895; prevent the ascertainment of the result
re-en. Sec. 577, Rev. C. 1907; re-en. Sec. of the election, and was insufiicient to
779, R. C. M. 1921. Cal. Pol. C. Sec. 1259. impeach the returns of the precinct. Dubie
V. Batani, 97 M 468, 479, 37 P 2d 662.
Operation and Eifect
Failure of the judges of election of a Collateral References
voting precinct to place the voted ballots Elections<3=255.
on a string in compliance with the provi- 29 C.J.S. Elections § 234.
sions of this section did not obstruct or
23-1707. (780) Rejected ballots. Any ballot rejected for illegality
must be marked by the judges, by writing acro.ss the face thereof "Rejected
on the ground of ," filling the blank with a brief state-
ment of the reasons for the rejection, which statement must be dated and
signed by a majority of the judges.
History: En. Sec. 1406, Pol. C. 1895; Collateral References
re-en. Sec. 578, Rev. C. 1907; re-en. Sec. Flecti()iisC=''^'^4
780. R. C. M. 1921. -nj ej.a." EleTtions § 211.
23-1708. (781) Poll-books — signing and certification of. As soon as all
the votes are counted and the ballots sealed up, the poll-books must be
276
ELECTION RETURNS 23-1712
signed and certified to by the judges and clerks of election substantially as
in the form in section 23-702.
History: En. Sec. 1407, Pol. C. 1895;
re-en. Sec. 579, Rev. C. 1907; re-en. Sec.
781, R. C. M, 1921.
23-1709. (782) Election returns by judges — how made. The judges
must, before they adjourn, inclose in a strong envelope, securely sealed
and directed to the county clerk, the precinct registers, all certificates of
registration received by them, the lists of persons challenged, both of the
poll-books, both of the tally-sheets, and the official oaths taken by the judges
and clerks of election ; and must inclose in a separate package or envelope,
securely sealed and directed to the county clerk, all unused ballots with
the numbered stubs attached ; and must also inclose in a separate pack-
age or envelope, securely sealed and directed to the county clerk, all
ballots voted, including all voted ballots which, for any reason, were not
counted or allowed, and all detached stubs from ballots voted, and en-
dorse on the outside thereof "ballots voted." Each of the judges must
write his name across the seal of each of said envelopes or packages.
The ballot box must be returned to the county clerk.
History: Ap. p. Sec. 1408, Pol. C. 1895; one copy of the poll-book. State ex rel.
amd. Sec. 6, Ch. 88, L. 1907; Sec. 580, Lynch v. Batani et al., 103 M 353, 361,
Rev. C. 1907; re-en. Sec. 782, R. C. M. 62 P 2d 565.
1921; amd. Sec. 1, Ch. 112, L. 1937; amd.
Sec. 1, Ch. 65, L. 1943; amd. Sec. 1, Ch. References
23, L. 1945; amd. Sec. 14, Ch. 64, L. 1959. Dubie v. Batani, 97 M 468, 478, 37 P 2d
662.
Collateral References
Operation and Eflfect
The law contemplates that the election
board in the precinct will return to the Elections<S=>241, 248, 249, 250.
clerk and recorder but one tally sheet and 29 C.J.S. Elections §§ 224, 230, 231.
23-1710. (784) Custody of election returns. The sealed envelope con-
taining the check-lists, certificates of registration, poll-book, tally-sheets,
oaths of election officers, also the package or envelope containing the voted
ballots and detached stubs and the package or envelope containing the
unused ballots, must, before the judges adjourn, be delivered to one of their
number, to be determined by lot, unless otherwise agreed upon.
History: Ap. p. Sec. 1410, Pol. C. 1895; Collateral References
amd. Sec. 7, Ch. 88, L. 1907; Sec. 582, Elections<&=251.
Rev. C. 1907; re-en. Sec. 784, R. C. M. 1921; 29 C.J.S. Ele'ctions 8 232.
amd. Sec. 2, Ch. 23, L. 1945. Cal. Pol. C. *
Sec. 1263.
23-1711. (785) Delivery to county clerk. The judges to whom such
packages are delivered must, within twenty-four hours, deliver them, Avith-
out their having been opened, to the county clerk, or convey the same, un-
opened, to the postoffice nearest the house in which the election for such
precinct was held, and register and mail the same, duly directed to the said
clerk.
History: En. Sec. 1411, Pol. C. 1895;
re-en. Sec. 583, Rev. C. 1907; re-en. Sec.
785, R. C. M. 1921.
23-1712. (786) Filing of ballots and stubs by county clerk. Upon the
receipt of the packages or envelopes by the county clerk, he must file the
277
23-1713 ELECTION LAWS
package or envelope containing the ballots voted and detached stubs and
the package or envelope containing the unused ballots, and must keep them
unopened and unaltered for twelve (12) months, after which time, if there
is no contest commenced in some tribunal having jurisdiction about such
election, he must burn such packages, or envelopes, without oi)enin:T or
examining their contents.
History: Ap. p. Sec. 1412, Pol. C. 1895; Collateral References
amd. Sec. 8, Ch. 88, L. 1907; Sec. 584, Rev. Elections<S=>255.
C. 1907; re-en. Sec. 786, R. C. M. 1921; 29 C.J.S. Elections §234.
amd. Sec. 3, Ch. 23, L. 1945. Cal. Pol. C.
Sec. 1265.
23-1713. (787) Keeping returns pending contest. If, within twelve
months, there is such a contest commenced, he must keep the packages of
envelopes unopened and unaltered until it is finally determined, when he
must, as provided in the preceding section, destroy them, unless the same
are by virtue of an order of the tribunal in which the contest is pending,
brought and opened before it to the end that evidence may be had of their
contents, in which event the packages or envelopes and their contents are
in the custody of such tribunal.
History: Ap. p. Sec. 1413, Pol. C. 1895; References
amd. Sec. 9, Ch. 88, L. 1907; Sec. 585, Rev. q^^^^ ^j. applied as section 1413, Politi-
C. 1907; re-en. Sec. 787, R. C. M. 1921. ^^1 Code, before amendment, in Lane v.
Cal. Pol. C. Sec. 1266. Bailey, 29 M 548, 560, 75 P 191.
23-1714. (788) Disposition of returns prior to canvass of vote. The
envelopes containing the precinct registers, certificates of registration,
poll-books, tally-sheets, and oaths of election officers must be filed by the
county clerk and be kept by him. unopened and unaltered, until the board
of county commissioners meet for the purpose of canvassing the returns.
when he must produce them before such board, where the same shall
be opened.
History: Ap. p. Sec. 1414, Pol. C. 1895; Rev. C. 1907; re-en. Sec. 788, R. C. M.
amd. Sec. 10, Ch. 88, L. 1907; Sec. 586, 1921; amd. Sec. 15, Ch. 64, L. 1959.
23-1715. (789) Clerk to file in his office books, papers, etc. As soon
as the returns are canvassed, the clerk must file in his office the poll-
books, election records and the papers produced before the board from
the package mentioned in the next preceding section.
History: En. Sec. 1415, Pol. C. 1895; 789, R. C. M. 1921; amd. Sec. 16, Ch. 64,
re-en. Sec. 587, Rev. C. 1907; re-en. Sec. L. 1959. Cal. Pol. C. Sec. 1268.
CHAPTER 18
CANVASS OF ELECTION RETURNS— RESULTS AND CERTIFICATES
Section 23-1801. Meeting of county commissioners to canvass returns.
23-1802. In case of absence certain county officers to act.
23-1803. Canvass to be postponed, when.
23-1804. Canvass to be public.
23-1805. Statement of the result to be entered of record.
23-1806. Plurality to elect.
23-1807. Duty of canvassing board — tie vote.
23-1808. Certificates issued by the clerk.
23-1809. Returns for joint members of house of representatives.
23-1810. How transmitted.
278
CANVASS OF ELECTION RETURNS 23-1803
23-1811. Duty of clerk roceiving such returns.
23-1812. State returns, how made.
23-1813. How transmitted.
23-1814. State canvassers, composition and meeting of board.
23-1815. Messenger may be sent for returns — his duty and compensation.
23-1816. Governor to issue commissions.
23-1817. Defect in form of returns to be disregarded.
23-1818. Duty of secretary of state to print election laws.
23-1819. Penalties.
23-1801. (790) Meeting of county commissioners to canvass returns.
The board of county commissioners of each county is ex-officio a board of
county canvassers for the county, and must meet as the board of county
canvassers at the usual place of meeting of the county commissioners within
ten days after each election, at twelve o'clock noon, to canvass the returns.
History: En. Sec. 2, p. 299, L. 1891; P 942; State ex rel. Wulf v. McGrath, 111
amd. Sec. 1430, Pol. C. 1895; re-en. Sec. M 96, 100, 106 P 2d 183; Maddox v. Board
588, Rev. C. 1907; re-en. Sec. 790, R. C. M. of State Canvassers, 116 M 217, 225, 149 P
1921. Cal. Pol. C. Sec. 1278. 2d 112.
References Collateral References
Referred to as section 588, Revised Elections<2>258.
Codes, with other sections, in State ex rel. 29 C.J.S. Elections § 236.
Cryderman v. Wienrich, 54 M 390, 400, 170 18 Am. Jur. 346, Elections, §§ 252 et seq.
23-1802. (791) In case of absence certain county ofla.cers to act. If, at
the time and place appointed for such meeting, one or more of the county
commissioners should not attend, the place of the absentees must be sup-
plied by one or more of the following county officers, whose duty it is to act
in the order named, to-wit, the treasurer, the assessor, the sheriff, so that
the board of county canvassers shall always consist of three acting mem-
bers. The clerk of the board of county commissioners is the clerk of the
board of county canvassers.
History: Ap. p. Sec. 2, p. 299, L. 1891; vassers of election returns for a certain
amd. Sec. 1431, Pol. C. 1895; re-en. Sec. county of the state, the particular mem-
589, Rev. C. 1907; re-en. Sec. 791, R. C. M. bers of such board at the time in question
1921. being the persons against whom obedience
Operation and Effect '"V^^f ^f necessary, be enforced. State ex
^ rel. Leech v. Board of Canvassers, 13 M
The members of a county board of 23 29 31 P 879.
canvassers do not necessarily embrace the
same officers, but are subject to changes References
which depend upon circumstances, and a Referred to in connection with other
writ of mandate, issued to- compel such sections in State ex rel. Cryderman v.
board to reconvene and canvass the re- Wienrich, 54 M 390, 400, 170 P 942.
turns from an election precinct which they
had excluded, is properly directed to the
particular individuals comprising the Elections<©='25/
board, describing them by name, and as 29 C.J.S. Elections § 235.
constituting the board of county can-
23-1803. (792) Canvass to be postponed, when. If, at the time of
meeting, the returns from each precinct in the county in which polls were
opened have been received, the board of county canvassers must then and
there proceed to canvass the returns; but if all the returns have not been
received, the canvass must be postponed from day to day until all of the
returns are received, or until seven postponements have been had. If the
returns from any election precinct have not been received by the county
clerk within seven days after any election, it is his duty forthwith to send a
messenger to the judges for the missing returns, who must procure such
279
Collateral References
• 7.
23-1804
ELECTION LAWS
returns from the judges, or any of them, and return the same to the county
clerk. Such messenger must be paid out of the county treasury fifteen
cents per mile in going and coming. If it appears to the board, by evidence,
that the polls were not opened in any precinct, and no returns have
been received therefrom, the board must certify to the same, and file such
certificate with the county clerk, with the evidence, if any, who must enter
the same in the minutes and in the statement mentioned in section 23-1805.
History: Ap. p. Sec. 3, p. 300, L. 1891; References
amd. Sec. 1432, Pol. C. 1895; re-en. Sec. Eef erred to as section 590, Revised
Codes, with other sections, in State ex rel.
Crvderman v. Wienrich, 54 M 390, 400, 170
P 942.
590, Rev. C. 1907; re-en. Sec. 792, R. C. M
1921. Cal. Pol. C. Sec. 1280.
23-1804. (793) Canvass to be public. The canvass must be made in
public by opening the returns and determining therefrom the vote of such
county or precinct for each person voted for, and for and against each
proposition voted upon at such election, and declaring the result thereof.
In canvassing, no returns must be rejected if it can be ascertained therefrom
the number of votes cast for each person. The fact that the returns do
not show who administered the oath to the judges or clerks of election,
or a failure to fill out all the certificates in the poll-books, or to do or per-
form any other act in making up the returns, that is not essential to de-
termine for whom the votes were cast, is not such an irregularity as to
entitle the board to reject the same, but they must be canvassed as other
returns are.
the legislative assembly after unlawfully
excluding the returns of a particular pre-
cinct, and then adjourned sine die, such
board may be compelled by mandamus to
reconvene and canvass the returns so ex-
cluded, and issue a certificate of election to
the person shown by a complete canvass
to be entitled thereto. State ex rel. Leech
v. Board of Canvassers, 13 M 23, 31, 31 P
879.
Id. Returns in the poll-book being left
blank, and the certificate thereto not be-
ing properly filled in, are not grounds for
rejecting returns, nor are they such irregu-
larities as will entitle a board of can-
vassers to reject them.
Id. It is the duty of the board of can-
vassers to procure the check-lists and
surrendered lists before rejecting the vote
of a precinct as returned by the poll-books
alone.
History: En. Sees. 4 and 5, p. 301,
L. 1891; re-en. Sec. 1433, PoL C. 1895;
re-en. Sec. 591, Rev. C. 1907; re-en. Sec.
793, R. C. M. 1921. Cal. Pol. C. Sec. 1281.
Operation and Effect
A county board of canvassers has no
authority to inquire into the validity of
a certificate of nomination of a nominee
for office, and therefore, where the elec-
tion returns are genuine and properly
certified, prohibition will not lie to re-
strain the board from canvassing such
returns and counting the vote cast for
such person, as required by sections 4
and 6, pages 301, 302, laws of the second
session, upon the ground that the nomi-
nation was invalid. Pigott v. Canvassers
of Cascade County, 12 M 537, 538, 31 P
536.
The duties of a county canvassing board
are ministerial, and such board has no
authority to exclude the returns of an
election precinct, regularly made, upon the
ground that the voting was shown by
affidavits to be illoKril, and, having done
so, may be compelled by mandamus to
canvass such returns. State ex rel. Leech
V. Board of Canvassers, 13 M 23, 30, 31 P
879. See also State ex rel. Breen v. Toole,
32 M 4, 10, 79 P 403; Poe v. Sheridan
County, 52 M 279, 288, 157 P 185.
Where a county canvassing board issued
a certificate of election to a candidate for
References
Cited or applied as section 591, Revised
Codes, in Stephens v. Nacey, 47 M 479,
485, 133 P 361.
Collateral References
Elections<S:=259.
29 C.J.S. Elections § 237.
23-1805. (794) Statement of the result to be entered of record. The
280
CANVASS OF ELECTION RETURNS 23-1808
clerk of the board must, as soon as the result is declared, enter on the
records of such board a statement of such result, wliich statement must
show :
1. The whole number of votes cast in the county.
2. The names of the persons voted for and the propositions voted upon.
3. The oflfice to fill which each person was voted for.
4. The number of votes given at each precinct to each of such persons,
and for and against each of such propositions.
5. The number of votes given in the county to each of such persons,
and for and against each of such propositions.
History: En. Sec. 6, p. 301, L. 1891; Collateral References
re-en. Sec. 1434, Pol. C. 1895; re-en. Sec. Elections®='259
592, Rev. C. 1907; re-en. Sec. 794, R. C. M. 29 C.J.S. Elections S 237.
1921. Cal. Pol. C. Sec. 1282. ^
23-1806. (795) Plurality to elect. The person receiving at any election
the highest number of votes for any office to be filled at such election is
elected thereto.
History: En. Sec. 1170, Pol. C. 1895; date whom they intended to defeat, re-
re-en. Sec. 456, Rev. C. 1907; re-en. Sec, ceiving the highest vote cast for any
795, R. C. M. 1921. Cal. Pol. C, Sec. 1066. living person, held, on his application for
writ of mandate to compel the county
Where Deceased Candidate Received Ma- canvassing hoard to reconvene and cause
jority of Votes, Highest Wnte-in Candi- certificate of election issued to him, that
date Held Elected write-iu candidate elected and entitled to
Where a candidate for reelection to a tlie office. State ex rel. Wolff v. Guerkink,
county office died 24 days before election, 111 M 417, 426, 109 P 2d 1094.
his death known generally to electors, but « ii + ^ -o f
his name placed on ballot and majority Collateral References
voted for him supposing to retain his Elections<©=3237.
widow, appointed to fill the vacancy, until 29 C.J.S. Elections § 241.
the next general election, a write-in candi-
23-1807. (796) Duty of canvassing board — tie vote. The board must
declare elected the person having the highest number of votes given for
each office to be filled by the votes of a single county or a subdivision there-
of, and in the event of two or more persons receiving an equal and sufficient
number of votes to elect to the office of state* senator, or member of the
house of representatives, it shall be the duty of the board, under the
direction of and in the presence of the district court, or judge thereof, to
recount the ballots cast for such persons, and the board shall declare
elected the person or persons shown by the recount to have the highest
number of votes. If sucli recount shall show that two or more such persons
receive an equal and sufficient number of votes to elect to the same office,
then, and in that event, the board shall certify such facts to the governor.
History: En. Sec. 6, p. 302, L. 1891; Collateral References
re-en. Sec. 1435, Pol. C. 1895; re-en. Sec. ElectionsC=259, 260.
593, Rev. C. 1907; amd. Sec. 1, Ch. 84, 99 C.J.S. Elections 8 237.
L. 1909; re-en. Sec. 796, R. C, M. 1921.
23-1808. (797) Certificates issued by the clerk. The clerk of the
board of county commissioners must immediately make out and deliver
to such persons (except to the person elected district judge) a certificate
of election signed by him and authenticated with the seal of the board of
county commissioners, and said certificate shall contain therein written
281
23-1809 ELECTION LAWS
notice that the official bond of the elected or appointed official must be
filed within thirty (30) days after notice of election or appointment, and
that failure to file such bond shall cause the office to become vacant.
History: En. Sec. 7, p. 302, L. 1891; M. 1921; amd. Sec. 1, Ch. 50, L. 1959,
re-en. Sec. 1436, PoL C. 1895; re-en. Sec. CaL PoL C. Sec. 1284.
594, Rev. C. 1907; re-en. Sec. 797, R. C.
23-1809. (798) Returns for joint members of house of representatives.
AVhen tiiere are members of the house of representatives voted for by the
electors of a district composed of two or more counties, each of the clerks
of the counties composing such district, immediately after making out the
statement specified in section 23-1805, must make a certified abstract of so
much thereof as relates to the election of such officers.
History: En. Sec. 8, p. 302, L. 1891; Collateral References
re-en. Sec. 1437, Pol. C. 1895; re-en. Sec. EIections<S=248
595, Rev. C. 1907; re-en. Sec. 798, R. C. M. 09 c.J.S. Elections 6 230.
1921. *
23-1810. (799) How transmitted. The clerk must seal up such abstract,
indorse it "Election Returns," and without delay transmit the same by mail
to the clerk of the board of commissioners of the county which stands first
in alphabetical arrangement in the list of counties composing such district.
History: En. Sec. 1438, Pol. C. 1895; Collateral References
re-en. Sec. 596, Rev. C. 1907; re-en. Sec. Elections<S=3'^51
799, R. C. M. 1921. Cal. Pol. C. Sec. 1286. 29 C.J.S. Elections § 232.
23-1811. (800) Duty of clerk receiving such returns. The clerk to
whom the returns of a district are made must, on the twentieth day after
such election, or sooner, if the returns from all the counties in the district
have been received, open in public such returns, and from them and the
statement of the vote for such officers in his own county :
1. Make a statement of the vote of the district for such officers, and
file the same, together with the returns, in his office.
2. Transmit a certified copy of such statement to the secretary of state.
3. Make out and deliver or transmit by mail to the persons elected a
certificate of election (unless it is by law otherwise provided).
History: Ap. p. Sec. 9, p. 303, L. 1891; Collateral References
amd. Sec. 1439, Pol. C. 1895; re-en. Sec. Elections<©=3'>47 '>65
597, Rev. C. 1907; re-en. Sec. 800, R. C. M. 29 C.J.S. Election"s S8 229, 240.
1921. Cal. PoL C. Sec. 1287. ^'^ '
23-1812. (801) State returns, how made. When there has been a gen-
eral or special election for officers voted for by the electors of the state at
large or for judicial officers (except justices of the peace), each clerk of the
board of coimty canvassers, so soon as the statement of the vote of his
county is made out and entered upon the records of the board of county
commissioners, must make a certified abstract of so much thereof as relates
to the votes given for persons for said offices to be filled at such election.
History: En. Sec. 10, p. 303, L. 1891; both the county and state board of can-
amd. Sec. 1440, Pol. C. 1895; re-en. Sec. vassers being governed by the former
598, Rev. C. 1907; re-en. Sec. 801, R. C. M. provisions in case the result of the election
1921. Cal. Pol. C. Sec. 1288. is changed upon a recount. State ex rel.
Statutes In Pari Materia With Others ^^^^ v- I>istrict Court, 103 M 576, 583, 64
This section and those following relating
to canvassers' abstract to secretary of Collateral References
state, and sections 23-2301 et seq. authoriz- Election8<&=5''47
ing recount of votes, etc are in pari 39 C.J.S. Elections §229.
materia and must be construed together, **
282
CANVASS OF ELECTION RETURNS 23-1817
23-1813. (802) How transmitted. The clerk must seal up such ab-
stract, endorse it "Election Returns," and without delay transmit it to
the secretary of state by certified mail.
History: En. Sec. 11, p. 303, L. 1891; M. 1921; amd. Sec. 1, Oh. 87, L. 1959.
re-en. Sec. 1441, Pol. C. 1895; re-en. Sec. Cal. Pol. C. Sec. 1289.
599, Rev. 0. 1907; re-en. Sec. 802, R. 0.
23-1814. (803) State canvassers, composition and meeting of board.
Within thirty [30] days after the election and sooner if the returns be all
received, the state auditor, state treasurer, and attorney-general, who con-
stitute a board of state canvassers, must meet in the office of the secretary of
state and compute and determine the vote, and the secretary of state, who
is secretary of said board, must make out and file in his office a statement
thereof and transmit a copy of such statement to the governor.
History: En. Sec. 14, p. 304, L. 1891; Collateral References
amd. Sec. 1442, Pol. C. 1895; re-en. Sec. Elections'S='258, 259.
600, Rev. C. 1907; re-en. Sec. 803, R. C. M. 29 C.J.S. Elections §§ 236, 237.
1921; amd. Sec. 1, Ch. 55, L. 1949. Cal.
Pol. C. Sec. 1290.
23-1815. (804) Messenger may be sent for returns — his duty and com-
pensation. If the returns from all the counties have not been received on
the fifth day before the day designated for the meeting of the board of state
canvassers, the secretary of state must forthwith send a messenger to the
clerk of the board of county canvassers of the delinquent county, and such
clerk must furnish the messenger with a certified copy of the statement
mentioned in section 23-1805. The person appointed is entitled to receive
as compensation five dollars per day for the time necessarily consumed in
such service, and the traveling expenses necessarily incurred. His account
therefor, certified by the secretary of state, must be paid out of the general
fund of the state treasury.
History: Ap. p. Sees. 12 and 13, L. R. C. M. 1921; amd. Sec, 16, Ch, 97, L.
1891; amd. Sec, 1443, Pol. C. 1895; re-en. 1961,
Sec. 601, Rev. C. 1907; re-en. Sec. 804,
23-1816. (805) Governor to issue commissions. Upon receipt of such
copy mentioned in section 23-1814, the governor must issue commissions to
the persons who from it appear to have received the highest number of votes
for offices to be filled at such election. In case a governor has been elected
to succeed himself, the secretary of state must issue the commission.
History: En. Sec. 15, p. 304, L, 1891; Collateral References
amd. Sec. 1444, Pol, C, 1895; re-en. Sec. States<S='48.
602, Rev, C, 1907; re-en. Sec. 805, R. C. M. si C.J.S. States § 76.
1921. Cal. Pol. C. Sec. 1291.
23-1817. (806) Defect in form of returns to be disregarded. No declar-
ation of the result, commission, or certificate must be withheld on account of
any defect or informality in the return of any election, if it can with reason-
able certainty be ascertained from such return what office is intended and
who is elected thereto.
History: En. Sec. 17, p. 305, L. 1891; Codes, in Stephens v. Nacey, 47 M 479,
re-en. Sec. 1448, Pol. C. 1895; re-en. Sec. 485, 133 P 361.
606, Rev. C. 1907; re-en. Sec. 806, R. C. M. ^ „ . , ^ ^
1921. Cal. Pol. C, Sec, 1297. CoUateral References
Elections<S=>257, 265; States<S='48.
References 29 C.J.S. Elections §§235, 240; 81 C.J.S.
i
Cited or applied as section 606, Revised States § 76.
283
23-1818 ELECTION LAWS
23-1818. (807) Duty of secretary of state to print election laws. It is
the duty of the secretary of state to cause to be published, in pamphlet form,
a sufficient number of copies of election laws and such other provisions of
law as bear upon the subject of elections, and to transmit the proper number
to each county clerk, whose duty it is to furnish each election officer in his
county with one of such copies.
History: En. Sec. 18, p. 305, L. 1891; 607, Rev. C. 1907; re-en. Sec. 807, R. C. M.
re-en. Sec. 1449, Pol. C. 1895; re-en. Sec. 1921.
23-1819. (808) Penalties. The penalties for the violation of election
laws are prescribed in sections 94-1401 to 94-1474.
History: En. Sec. 1450, Pol. C. 1895; Collateral References
re-en. Sec. 608, Rev. C. 1907; re-en. Sec. Eleetions<S=309 et seq.
808, R. C. M. 1921. 29 C.J.S. Elections §§ 324, 334.
CHAPTER 19
FAILURE OF ELECTIONS— PROCEEDINGS ON TIE VOTE
Section 23-1901. Tie vote on representative in congress.
23-1902. Proceedings on tie vote.
23-1903. Tie vote on state officers.
23-1904. Tie vote on judicial officers.
23-1901. (809) Tie vote on representative in congress. In case of a
failure, by reason of a tie vote or otherwise, to elect a representative in
congress, the secretary of state must transmit to the governor a certified
statement showing the vote cast for such persons voted for, and in case of a
failure to elect, by reason of a tie vote or otherwise, the governor must order
a special election.
History: En. Sec. 16, p. 305, L. 1891; Collateral References
re-en. Sec. 1447, Pol. C. 1895; re-en. Sec. Elections€=>238.
605, Rev. C. 1907; re-en. Sec. 809, R. C. M. 29 C.J.S. Elections § 244.
1921.
23-1902. (810) Proceedings on tie vote. In case any two or more per-
sons have an equal and highest number of votes for either governor,
lieutenant-governor, secretary of state, attorney general, state auditor,
state treasurer, clerk of the supreme court, superintendent of public instruc-
tion, or any other state executive officer, the legislative assembly, at its next
regular session, must forthwith, by joint ballot of the two houses, elect one
of such persons to fill such office ; and in case of a tie vote for clerk of the
district court, county attorney, or for any county officer except county
commissioner, and for any township officer, the board of county commis-
sioners must appoint some eligible person, as in case of other vacancies in
such offices ; and in case of a tie vote for county commissioner, the district
judge of the county mu.st appoint an eligible person to fill the office, as in
other cases of vacancy.
History: En. Sec. 1171, Pol. C. 1895; reason of a tie vote. Insofar as it re-
re-en. Sec. 457, Rev. C. 1907; re-en. Sec. latcs to officers named in the constitution
810, R. C. M. 1921. Cal. Pol. C. Sees. and the authority of the county commis-
1067-1068. sioncrs to fill vacancies therein, it is in-
valid. State ex rel. Chenoweth v. Acton,
Operation and Effect 31 M 37, 40, 77 P 299. See State ex rel.
This section docs not in terms declare Jones v. Foster, 39 AI 583, 591, 104 P 860.
that a vacancy in office shall occur when If there is a clause in the constitution
there has been no election to the office by providing that an officer shall hold for
284
JUDGES OF SUPREME AND DISTRICT COURTS 23-2001
a definite term and until his successor is elusive, and vnc:nicies occur by operation
elected and qualified, and the people fail of law upon the expiration of tlie terms
to elect his successor, there is no vacancy, designated, even where the i)eople fail to
and he is entitled to hold over until the elect their successors; lience, if, l>y rea-
people have chosen his successor in the son of a tie vote, there is a failure to
usual way; but, in the case of judicial elect the successor of a clerk of a district
officers, whose terms end at the expiration court upon the expiration of the incuin-
of a definitely fixed period, the words bent's term, there is a vacancy which the
"and until his successor is elected and county commissioners are authorized, iiniler
qualified," refer to those officers only who this section, to fill by a])pointinent. State
were first elected after the adoption of the ex rel. Jones v. Foster, 39 M 583, 592, 104
constitution; they have no ap])lication to P 860. See also State ex rel. Patterson
those chosen after such first election. State v. Lentz, 50 M 322, 33G, 14G P 932.
ex rel. Jones v. Foster, 39 M 583, 586, 104
p 860. Collateral References
The provisions of the constitution, fix- 18 Am. Jur. 339, Elections, §§ 240 ct scq.
ing the terms of judicial officers, are ex-
23-1903. (811) Tie vote on state officers. In case of a tie vote for ntate
oflficers, as specified in the preceding section, it is the duty of the secretary
of state to transmit to the legislative assembly, at its next regular session,
a certified copy of the statement showing the vote cast for the two or more
persons having an equal and the highest number of votes for any state
office.
History: En. Sec. 1445, Pol. C. 1895;
re-en. Sec. 603, Rev. C. 1907; re-en. Sec.
811, R. C. M. 1921.
23-1904. (812) Tie vote on judicial officers. In case any two or more
persons have an equal and highest number of votes for justice of the
supreme court, or judge of a district court, the secretary of state must
transmit to the governor a certified statement showing the vote cast for such
person, and thereupon the governor must appoint an eligible person to hold
office as in case of other vacancies in such offices.
History: En. Sec. 1446, Pol. C. 1895; Collateral References
lV^\^f!'\f^t'.^.^''- ^- ^^°'^= "■^''- ^^^- E]octionse=>2;;S; .(udgesC=^8.
29 C.J.S. Elections §244; 48 C.J.S.
Judges § 32.
812, R. C. M. 1921.
CHAPTER 20
NONPARTISAN NOMINATION AND ELECTION OF JUDGES OF
SUPREME COURT AND DISTRICT COURTS
Section 23-2001. Nomination and election of district court and supreme court judges.
23-2002. Nominations.
23-2003. Petition for nomination — contents — form — filing — fees.
23-2004. Register of candidates for nomination.
23-2005. Arrangement and certification of judicial candidates — separate from
party designation.
23-2006. Primary ballots — preparation and distribution.
23-2007. Judicial primary baljots — voting.
23-2008. Separate counting and canvassing of judicial l)ailots — application of
general laws.
23-2009. Nominations — placing names on ballots.
23-2010. Tie vote, how decided.
23-2011. Vacancies among nominees after nomination and before general elec-
tion, how filled.
23-2012. Unlawful for political party to endorse judicial candidate.
23-2013. Repealed.
23-2014. Repealing clause — application of general laws.
23-2001. (812.1) Nomination and election of district court and supreme
court judges. That hereafter all candidates for the office of justice of the
285
23-2002 ELECTION LAWS
supreme court of the state of Montana or judge of the district court in any
judicial district of the state of Montana, shall be nominated and elected
in accordance with the provisions of this act and in no other manner.
Each vacancy for associate justice of the supreme court is to be con-
sidered as a separate and independent oflfice for election purposes, and to
facilitate the nomination and election of candidates thereto, the chief
justice of the supreme court shall assign an individual number to the four
(4) associate justices and certify these numbers to the office of the secre-
tary of state not less than one hundred eighty (180) days before the date of
the primary nominating election.
Each department in a judicial district which has more than one (1)
judge of the district court is to be considered as a separate and independ-
ent office for election purposes.
History: En. Sec. 1, Ch. 182, L. 1935; The word "candidate" as used in this act
amd. Sec. 2, Ch. 229, L. 1961. should not receive a different construction
.^ ,„ __,. ,,., .. from that as used in the general primary
Purpose of Nonpartisan Judiciary Act ,^^^, ^,,^ ^^^ ^^^^ be construed in pad
The purpose of the nonpartisan judiciary materia with the primary and general elec-
act, sections 23-2001 to 23-2014 is to elimi- tion laws. State ex rel. McHale v. Ayers,
nate, so far as possible, the selection of m M 1, 3, 105 P 2d 686.
judges from partisan politics, and the
phrase found in this section, declaring that
candidates for judicial office "shall be Collateral References
nominated and elected in accordance with Judges<S=»3.
the provisions of this act and in no other 48 C.J.S. Judges § 12.
manner," held, intended merely to exclude 18 Am. Jur. 256, Elections, §§ 118 et seq.
the selection of judges on a party ticket.
23-2002. (812.2) Nominations. Candidates for any office within the
provisions of this act, to be filled at any election to be held in the state of
Montana, shall be nominated in the manner herein provided at the regular
primary nominating election provided by law for the nomination of other
candidates for other offices to be filled at such election, and all laws relating
to .such primaries shall continue to be in force and to be applicable to the
said offices in so far as may be consistent with the provisions of this act.
History: En. Sec. 2, Ch. 182, L. 1936. References
State ex rel. McHale v. Ayers, 111 M 1,
4, 105 P 2d 686.
23-2003. (812.3) Petition for nomination — contents — form —filing —
fees. All persons who shall desire to become candidates for nomination to
any office within the provisions of this act shall prepare, sign and file
petitions for nomination in compliance with the requirements of the pri-
mary election laws, which petition for nomination shall be substantially
in the following form: To (Name
and title of officer with whom the petition is to be filed), and to the electors
of the (state or counties of
comprising the district or county as the case may be) in the state of Mon-
tana:
I, , reside at ,
and my postoffice address is - I am a candidate
on the nonpartisan judicial ticket for the nomination for the office of
at the primary nominating election to be
held in the (state of Montana or district or
county), on the day of , 19 , and if I am
286
I
JUDGES OF SUPREME AND DISTRICT COURTS 23-2005
nominated as a candidate for such office I will accept the nomination and
will not withdraw, and if I am elected, I will qualify as such officer.
Each person filing a petition for nomination to the office of associate
justice of the supreme court shall, in the blank wherein he indicates the
office for which the petition for nomination is being filed, designate the
number of the associate justice whose office he is seeking. Each person
filing a petition can make only one (1) such designation.
All persons who shall desire to become candidates for nomination as
judge of the district court in any district having more than one (1) judge
shall specify in said petition for nomination the number of the department
to which they seek nomination and election, and their candidacy shall be
limited solely to the numbered department so specified, it being intended
hereby that the office of judge of each respective numbered department
shall be filled in all respects as though each of said numbered departments
were an entirely separate and independent elective office.
Provided, however, that no such petition for judicial office shall indicate
the political party or political affiliations of the candidate, and provided
further that no candidate for judicial office may in his petition for nomina-
tion state any measures or principles he advocates, or have any statement
of measure or principles which he advocates, or any slogans, after his
name on the nominating ballot as permitted by section 23-911.
Each person so filing a petition for nomination shall pay or remit there-
with the fee prescribed by law for the filing of such a petition for the
particular judicial position for which he aspires for nomination. All such
petitions for justices of the supreme court and judges of the several dis-
trict courts of the state shall be filed with the secretary of state.
History: En. Sec. 3, Ch. 182, L. 1935;
amd. Sec. 3, Ch. 229, L. 1961.
23-2004. (812.4) Register of candidates for nomination. On receipt of
each of such petitions the secretary of state shall make corresponding entries
in the "Register of Candidates for Nomination" as now provided by law, but
on a page or pages of such register apart from entries made with reference
to the district candidates of political parties.
History: En. Sec. 4, Ch. 182, L. 1935.
23-2005. (812.5) Arrangement and certification of judicial candidates —
separate from party designation. At the same time and in the same manner
as by law he is required to arrange and certify the names of candidates for
other state offices the secretary of state shall separately arrange and certify
and file as required by law, the names of all candidates for judicial office,
certifying to each county clerk of the state the names of all candidates for
judicial office entitled to appear on the primary ballot in his county, with
all other information required by law to appear upon the ballot, which
certificate shall separately state the names of candidates for each respective
numbered associate justice and department in districts having more than
one (1) judge, and which lists of judicial candidates shall be made upon
separate sheets of paper from the lists of candidates to appear under party
or political headings.
History: En. Sec. 5, Ch. 182, L. 1935;
amd. Sec. 4, Ch. 229, L. 1961.
287
23-2006 ELECTION LAWS
23-2006. (812.6) Primary ballots — preparation and distribution. At the
same time and in the same manner as lie is by law required to prepare the
primary election ballots for the several political parties, the county clerk of
each count}" shall arranfje. prepare and distribute official primary ballots
for judicial offices which shall be known and designated and entitled
"Judicial Primary Ballots," which shall be arranged as are other primary
ballots, except that the name of no political party shall appear thereon.
The same number of official judicial primary ballots and sample ballots
shall be furnished for each election precinct, as in the ease of other primary
election ballots.
History: En. Sec. 6, Ch. 182, L. 1935. References
State ex rel. McHale v. Ayera, 111 M 1,
4, 105 P 2(i 686.
23-2007. (812.7) Judicial primary ballots — voting. Each elector hav-
ing tlie right to vote at a })rimary election shall be furnished with a separate
"Judicial Primary Ballot" at the same time and in the same manner as he
or she is furnished with other ballots provided by law and each elector,
without regard to political party, may mark such "Judicial Primary Ballot"
for one or more persons of his choice for judicial nominations, depending on
the number to be nominated and elected, which shall be deposited in the
general ballot box provided. The official number of such judicial primary
ballot so delivered and voted shall correspond to the official number of the
regular ballot of the elector. Every elector shall be entitled to vote, with-
out regard to politics, for one or more persons of his choice for nomination
for judicial office, depending on the number of places to be filled at the
succeeding general election. Different terms of office for the same position
shall be considered as separate offices.
History: En. Sec. 7, Ch. 182, L. 1935. to judicial office, they may do so under
the act, in view of the provisions of sec-
Electors May Write in Names of Candi- ^j^ns 23-2002, 23-2006 and 23-2014, when
^*^®^ construed in pari materia with the laws
Hold, on api)ii(ation to enjoin the gov- relating to primary and general elections,
ernor from issuing a certificate of nomina- citing sections 23-910 and 23-2009. State
tion to a candidate for district judge, that ex rel. McHale v. Ayers, 111 M 1, 3, 105
the nonpartisan judiciary act does not re- P 2d 686.
strict electors to the i>rivilege of voting
only for candidates whose names appear on Collateral References
the primary judicial ballot, but that, ElectionsC=>12G(()).
though the act is silent as to their right 29 C.J.S. Elections § 118.
to write in the nanic of a qualified person
23-2008. (812.8) Separate counting and canvassing of judicial ballots—
application of general laws. After the closing of the polls at a primary
election, the election officers shall separately count and canvass the judicial
primary ballots and make record thereof, and certify to the same, showing
the number of votes cast for each person upon the judicial primary ballot, in
addition to certifying the party vote or other matters voted upon as re-
quired by law. Jndicial ballots, their stubs, and unused ballots, shall be dis-
posed of in the same manner as other ballots, stubs and unused ballots, and
all returns made in the same manner now provided by law.
History: En. Sec. 8, Ch. 182, L. 1935. Collateral References
Electionse=»126(7).
29 C.J.S. Elections § 119.
288
JUDGES OF SUPREME AND DISTRICT COURTS 23-2011
23-2009. (812.9) Nominations — placing names on ballots. The candi-
dates for nomination at any primary election for any office within the
provisions of this act, to be filled at the .succeeding general election, equal
in number to twice tlie number to be elected at the succeeding general elec-
tion, who shall have received at any such primary election the highest
number of votes cast for nomination to tlie office for which they are candi-
dates (or if the number of all of the candidates voted for as aforesaid be
not more than twice the number to be elected, then all the candidates) shall
be the nominees for such office ; and their names, and none other, except as
hereinafter provided, shall be printed as candidates for such respective
offices upon the official ballots which are provided according to law for use
at such succeeding primary or general election; provided that no candidate
shall be entitled to have his name placed on the judicial ballot at the general
election, in any form, unless he shall have been a successful candidate at the
primary election.
History: En. Sec. 9, Ch. 182, L. 1935. Collateral References
References Elections<^172.
29 C.J.S. Elections 8 161.
State ex rel. McHale v. Ayers, 111 M 1,
4, 105 P 2d 686.
23-2010. (812.10) Tie vote, how decided. In ease of a tie vote, candi-
dates receiving tie vote for justice of the supreme court or judge of the
district courts shall appear and cast lots before the secretary of state on
the fifth day after such vote is officially canvassed. In case any such candi-
date or candidates shall fail to appear either in person or by proxy in
writing, before twelve o'clock noon of the day appointed, the secretary of
state shall by lot determine the candidate whose name will be certified for
the general election and printed on the official ballot.
History: En. Sec. 10, Ch, 182, L. 1935. Collateral References
Elections<S='238.
29 C.J.S. Elections § 244.
23-2011. (812.11) Vacancies among nominees after nomination and
before general election, how filled. If after any primary election, and before
the succeeding general election, any candidate nominated pursuant to the
provisions of this act, shall die or by virtue of any present or future law
become disqualified from or disentitled to have his name printed on the
ballot for the election, a vacancy shall be deemed to exist which shall be
filled by the otherwise unnominated and not disentitled candidate for the
same office next in rank with respect to the number of votes received in such
primary election. If after the primary, and before the general election, there
should not be any candidate nominated and living and entitled to have his
name printed on the ballot for any office which is within the provisions of
this act, or not enough of such candidates to equal the number of persons to
be elected to such office, then the governor in the case of justices of the
supreme court and judges of the district courts is authorized and empow-
ered to certify to the secretary of state the names of persons qualified for
such office or offices equal in number to twice the number to be elected at
the general election, and the names of the persons so nominated shall there-
upon be printed on the official ballot in the same manner as though regularly
nominated at the judicial primary election. Nominations so made by the
289
I
23-2012 ELECTION LAWS
governor to fill a vacancy shall not be deemed filed too late if filed within
ten days after the vacancy occurs, and in case the ballots for the election
have already been printed, stickers may be used to place the names of such
candidates upon the ballot.
History: En. Sec. 11, Ch. 182, L. 1935.
23-2012. (812.13) Unlawful for political party to endorse judicial can-
didate. It shall be unlawful for anj^ political party to endorse any candidate
for the office of justice of the supreme court or judge of a district court, and
anyone who in any way participates in such endorsement by any political
party, or who purports to act on behalf of any political party in endorsing
any candidate, shall be guilty of a misdemeanor.
History: En. Sec. 13, Ch. 182, L. 1935. Collateral References
Judge8<S=>3.
48 C.J.S. Judges § 12.
23-2013. (812.14) Repealed.
Repeal cial ballot when voting machines are used,
This section (Sec. 14, Ch. 182, L. 1935), was repealed by Sec. 3, Ch. 20, Laws
relating to the arrangement of the judi- 1959, effective February 10, 1959.
23-2014. (812.15) Repealing clause — application of general laws. All
acts and parts of acts in conflict herewith are hereby repealed, and all laws
pertaining to elections, both primary and general, and to special elections,
not in conflict herewith are hereby declared applicable to the nomination
and election of the officers herein referred to.
History: En. Sec. 15, Ch. 182, L. 1935, References
State ex rel. McHale v. Ayers, 111 M
1, 4, 105 P 2d 686.
CHAPTER 21
PRESIDENTIAL ELECTORS, HOW CHOSEN— DUTIES
Section 23-2101. Electors, when chosen.
23-2102. Returns, how made.
23-2103. Duty of governor.
23-2104. Meeting of electors.
23-2105. Vacancies, how supplied.
23-2106. Voting of electors.
23-2107. Separate ballots for president and vice-president.
23-2108. Must make list of persons voted for.
23-2109. Result to be transmitted as provided by law of the United States.
23-2110. Compensation of electors.
23-2111. How audited and paid.
23-2101. (813) Electors, when chosen. At the general election in
November, preceding the time fixed by the law of the United States for
the choice of president and vice-president of the United States, there must
be elected as many electors of president and vice-president as this state is
entitled to appoint. The names of the presidential electors shall appear on
the ballot and in addition thereto, preceding them, shall appear the names
of the presidential and vice-presidential candidates in their respective party
designated columns. No square shall appear in front of the names of the
presidential electors instead of which there shall be one square in front of
290
PRESIDENTIAL ELECTORS
23-2106
the names of the presidential and vice-presidential candidates. The ballot
shall also have the following direction printed thereon : "To vote for the
presidential electors of any party, the voter shall place a cross in the square
before the names of the candidates for president and vice-president of said
party." The number of votes received by presidential and vice-presidential
candidates shall, within the meaning of this act, be the number of votes to
be credited to each of the electors representing them.
History: En. Sec. 1, p. 173, L. 1891; Collateral References
re-en. Sec. 1460, Pol. C. 1895; re-en. Sec. United StatesO=>25.
626, Rev. C. 1907; re-en. Sec. 813, R. C. M. gs c.J. United States § 30.
1921; amd. Sec. 1, Ch. 4, L. 1933. Cal. Pol. i8 Am. Jur. 201, Elections, §§ 31 et 8e<|.
C. Sec. 1307.
23-2102. (814) Returns, how made. The votes for electors of president
and vice-president must be canvassed, certified to, and returned in the same
manner as the votes for state officers.
ffistory: En. Sec. 2, p. 173, L. 1891;
re-€n. Sec. 1461, Pol. C. 1895; re-en. Sec.
627, Rev. C. 1907; re-en. Sec. 814, R. C. M.
1921. Cal. Pol. C. Sec. 1308.
Collateral References
Election8<S='247, 257, 265.
29 C.J.S. Elections §§ 229, 235, 240.
23-2103. (815) Duty of governor. The governor must transmit to each
of the electors a certificate of election, and on or before the day of their
meeting deliver to each of the electors a list of the names of electors, and
must do all other things required of him in the premises by any act of
Congress in force at the time.
Collateral References
Elections®='265; United States<3='25.
29 C.J.S. Elections §240; 65 C.J. United
States § 30.
History: En. Sec. 3, p. 174, L. 1891; re-
en. Sec. 1462, PoL C. 1895; re-en. Sec.
628, Rev. C. 1907; re-en. Sec. 815, R. C. M.
1921. Cal. PoL C. Sec. 1314.
23-2104. (816) Meeting of electors. The electors must assemble at the
seat of government the first Monday after the second Wednesday in
December next following their election, at two o'clock in the afternoon.
History: En. Sec. 4, p. 174, L. 1891;
re-en. Sec. 1463, Pol. C. 1895; re-en. Sec.
629, Rev. C. 1907; re-en. Sec. 816, R. C. M.
1921; amd. Sec. 1, Ch. 15, L. 1933; amd.
Sec. 1, Ch. 33, L. 1935. Cal. Pol. C. Sec.
1315.
Act Extending Time for Depositing
Military Ballots Unconstitutional in Part
Since both under this section and the
federal act (sec. 5, title 3, U.S.C. enacted
pursuant to sec. 1, art. II, U. S. Constitu-
tion) the presidential electors must meet
on the first Monday after the second
Wednesday in December following their
election, the legislature could not, by en-
acting ch. 101, Laws 1943 (since repealed),
constitutionally extend the time for de-
positing military ballots for the general
election for seven weeks beyond the Tues-
day after the first Monday in November.
Maddox v. Board of State Canvassers,
116 M 217, 224, 149 P 2d 112.
Collateral References
United Statese=>25.
65 C.J. United States § 30.
23-2105. (817) Va,cancies, how supplied. In case of the death or ab-
sence of any elector chosen, or in case the number of electors from any cause
be deficient, the electors then present must elect, from the citizens of the
state, so many persons as will supply such deficiency.
History: En. Sec. 5, p. 174, L. 1891; 630, Rev. C. 1907; re-en. Sec. 817, R. C. M.
re-en. Sec. 1464, PoL C. 1896; re-en. Sec. 1921. Cal. PoL C. Sec. 1316.
23-2106. (818) Voting of electors. The electors, when convened, must
vote by ballot for one person for president and one for vice-president of the
291
23-2107 ELECTION LAWS
United States, one of whom at least is not an inhabitant of this state.
History: En. Sec. 1465, Pol. C. 1895;
re-en. Sec. 631, Rev. C. 1907; re-en. Sec.
818, R. C. M. 1921. Cal. Pol. C. Sec. 1317.
23-2107. (819) Separate ballots for president and vice-president. They
must name in their ballots tlie persons voted for as president, and in distinct
ballots the persons voted for as vice-president.
History: En. Sec. 1466, Pol. C. 1895;
re-en. Sec. 632, Rev. C. 1907; re-en. Sec.
819, R. C. M. 1921. Cal. Pol. C. Sec. 1318.
23-2108. (820) Must make list of persons voted foP. They must make
distinct lists of all persons voted for as president, and of all persons voted
for as vice-president, and of the number of votes given for each.
History: En. Sec. 1467, Pol. C. 1895;
re-en. Sec. 633, Rev. C. 1907; re-en. Sec.
820, R. C. M. 1921. Cal. Pol. C. Sec. 1319.
23-2109. (821) Result to be transmitted as provided by law of the
United States. They must certify, seal up. and transmit such lists in the
manner prescribed by the constitution and laws of the United States.
History: En. Sec. 1468, Pol. C. 1895;
re-en. Sec. 634, Rev. C. 1907; re-en. Sec.
821, R. C. M. 1921. Cal. Pol. C. Sec. 1320.
23-2110. (822) Compensation of electors. Electors receive the same
pay and mileage as is allowed to members of the legislative assembly.
History: En. Sec. 7, p. 174, L. 1891; re- Rev. C. 1907; re-en. Sec. 822, R. C. M.
en. Sec. 1469, Pol. C. 1895; re-en. Sec. 635, 1921. Cal. Pol. C. Sec. 1321.
23-2111. (823) How audited and paid. Their accounts therefor, certi-
fied by the secretary of the state, must be audited by the state auditor, who
must draw his warrants for the same on the treasurer, payable out of the
general fund.
History: En. Sec. 1470, Pol. C. 1895; Collateral References
re-en. Sec. 636, Rev. C. 1907; re-en. Sec. States<&=126 169
823, R. C. M. 1921. Cal. Pol. C. Sec. 1322. gl C.J.S. States §§ 158, 194.
CHAPTER 22
MEMBERS OF CONGRESS— ELECTIONS AND VACANCIES
Section 23-2201. Election of United States senators — for full term and to fill vacancies.
23-2202. Writs of election to fill vacancy.
23-2203. When held.
23-2204. Returns, how mnde.
23-2205. Certificates i.ssued by governor.
23-2201. (824) Election of United States senators — for full term and
to fill vacancies. The election of senators in Congress of the United States
for full terms must be held on the first Tuesday after the first Monday in
November next preceding the commencement of the term to be filled ; and
the elections of senators in Congress of the United States to fill vacancies
therein must be held at the time of the next succeeding general state elec-
tion following the occurrence of such vacancy; if any election therefor be
invalid or not held at such time, then the same shall be held at the second
succeeding general state election. Nominations of candidates and elections
292
RECOUNT OF BALLOTS — RESULTS 23-2205
to the office shall be made in the same manner as is provided by law in case
of governor.
History: En. Sec. 1480, Pol. C. 1895; Collateral References
re-en. Sec. 637, Rev. C. 1907; amd. Sec. 1, United StatcsG=3ll
Ch. 126, L. 1915; amd. Sec. 1, Ch. 134, L. go C.J. United States S 11.
1917; re-en. Sec. 824, R. C. M. 1921.
23-2202. (825) Writs of election to fill vacancy. When a vacancy
happens in the office of one or more senators from the state of Montana in
the Congress of the United States, the governor of this state shall issue,
under the seal of the state, a writ or writs of election, to be held at the next
succeeding general state election, to fill such vacancy or vacancies by vote
of the electors of the state ; provided, however, that the governor shall have
power to make temporary appointments to fill such vacancy or vacancies
until the electors shall have filled them.
History: En. Sec. 1481, Pol. C. 1895; References
re-en. Sec. 638, Rev. C. 1907; amd. Sec. 2, Eottomly v. Ford, 117 M 160, 163, 157
Ch. 126, Ii. 1915; re-en. Sec. 825, R. C. M. p o^j iQg
1921.
23-2203. (826) When held. At the general election to be held in the
year eighteen hundred and ninety-two, and at the general election every
two years thereafter, there must be elected for each congressional district
one representative to the Congress of the United States.
History. En. Sec. 2, p. 306, L. 1891; 639, Rev. C. 1907; re-en. Sec. 826, R. C. M.
re-en. Sec. 1490, Pol. C. 1895; re-en. Sec. 1921. Cal. Pol. C. Sec. 1343.
23-2204. (827) Returns, how made. The vote for representative in
Congress must be canvassed, certified to, and transmitted in the same man-
ner as the vote for state officers.
History: En. Sec. 2, p. 306, L. 1891; Collateral References
re-en. Sec. 1491, Pol. C. 1895; re-en. Sec. Elections'®=257 265.
640, Rev. C. 1907; re-en. Sec. 827, R. C. M. 29 C.J.S. Elections 88 235, 240.
1921. Cal. Pol. C. Sec. 1344.
23-2205. (828) Certificates issued by governor. The governor must,
upon the receipt of the statement mentioned in section 23-1814, transmit to
the person elected a certificate of his election, sealed with the great seal
and attested by the secretary of the state.
History: En. Sec. 3, p. 306, L. 1891; 641, Rev. C. 1907; re-en. Sec. 828, R. C. M.
re-en. Sec. 1492, Pol. C. 1895; re-en. Sec. 1921. Cal. Pol. C. Sec. 1347.
CHAPTER 23
RECOUNT OF BALLOTS— RESULTS
Section 23-2301. Recount of votes, order for — application, contents and time for mak-
ing— hearing — determination by court.
23-2302. Failure to comply with provisions for counting votes, presumption of
incorrectness from.
23-2303. Calling in other judge — court not divested of jurisdiction by failure
to hear application within prescribed time.
23-2304. Precincts in which recount ordered — deposit of cost of recount — ])ro-
cedure when more than one application for recount mnde — ni;inner
of recounting votes — certificates of election.
23-2305. Recount limited to precincts and offices specified in order of court.
23-2306. Certificates of election, effect of recount on.
23-2307. Election officers not to be paid until after recount — not paid on find-
ing incorrect count.
23-2308. Other provisions concerning contests, reference to.
293
23-2301 ELECTION LAWS
23-2301. (828.1) Recount of votes, order for — application, contents and
time for making — hearing — determination by court. Any unsuccessful
candidate for any public office at any general or special election, or at any
municipal election, may within five days after the canvass of the election
returns by the board or body charged by law with the duty of canvassing
such election returns, apply to the district court of the county in which said
election is held, or to any judge thereof, for an order directed to such board
to make a recount of the votes cast at such election, in any or all of the
election precincts wherein the election was held, as hereinafter provided.
Said application shall set forth the grounds for a recount, and it shall be
verified by the applicant to the effect that the matters and things therein
stated are true to the best of the applicant's knowledge, information and
belief. Within five days after the filing of said application in the office of
the clerk of said district court, the said court, or the judge thereof, shall
hear and consider said application, and determine the sufficiency thereof;
and, if from said verified application, the district court, or the judge there-
of, finds that there is probable cause for believing that the judges and clerks
of election did not correctly count and ascertain the number of votes cast
for such applicant at any one or more of the election precincts that the
judges and clerks of election might not have correctly counted and ascer-
tained the number of votes cast for the applicant in any one or more
election precincts, then, or in either of such events, the court or judge shall
make an order addressed to the said board of county canvassers, requiring
them at the time and place fixed by said order, which time shall be not
more than five days from the making of such order to reassemble and re-
convene as a canvassing board, and to recount the ballots cast at said
election precinct or precincts of which complaint is made as in said order
specified.
History: En. Sec. 1, Ch. 27, L. 1935. cannot try contests for seats in the legis-
lature or decide issues involved in such
Constitutionality contests, but mandamus lies to compel the
Sections 23-2301 et seq., held constitu- court to perform the duty specially im-
tional under art. V, sec. 23 as to suflSiciency posed upon it by the recount statutes, sec-
of title; art. Ill, sec. 27 as to due process tions 23-2301 et seq.; the election certi-
of law, the holding of public office not ficate does not insure acceptance of a
being a property right, and the clause is candidate as a member of either house, but
satisfied when one is accorded the right to merely furnishes prima facie evidence that
appear, be heard, file pleadings, make ob- the majority of voters voted for him.
jectiona and participate fully in the hear- State ex rel. Ainsworth v. District Court,
ing. State ex rel. Riley v. District Court, 107 M 370, 376, 86 P 2d 5.
103 M 576, 584, 586, 64 P 2(1 115. Direction by Court Within Its Jurisdic-
tion
Applicable to Candidates for Senate _, , , , . . . ,
and House court could proceed in any suitable
^, , , ,• X- /. -x ^ manner or mode most conformable "to the
Held, on application for writ of man- i^it" of the code (sec. 93-1106) in the
date, that the election recount statutes, absence of specific direction as to how
sections 23-2301 et seq., apply to candi^ proceedings shall be conducted, and was
dates for the state senate and house of .^ithin its jurisdiction in directing can-
representatives. State ex rel Ainsvv-orth v. vassers' attention to sections of the codes
District Court, 107 M 3/0, 3/2, 86 P 2d 5. covering points in dispute. State ex rel.
Courts Cannot Try Contests for Seats ?"!y„r ^Pi'*?^^^^"'"*' ^^^ ^ 576 587,
in Legislature, But May Hear Application ^^ ^ ^^^^^- ■ ^.^"* ^^^ ^!^*^ ^""J^KT^^tl'
for Rprniint ^^^ ^- District Court et al., 107 M 482,
r rv,e^uiuiu „ , , ^ . . 488, 86 P 2d 403, below.)
Article V , sec. 9 of the Constitution
makes each house of the legislative assem- Dismissal of Application for Nonellgl-
bly the judge of the elections, returns and bility
qualifications of its members, and courts District court committed error in dis-
294
RECOUNT OF BALLOTS — RESULTS
23-2301
missing the appliciition for a recount
under this section on the ground that ap-
plicant, convicted of a felony in federal
court lost his citizenship; such issue be-
ing properly triable in an election con-
test under the provisions of sections 23-
926 et seq., or sections 94-1459 et seq.
State ex rel. Stone v. District Court, 103 M
515, 519, 63 P 2d 147.
Functions of Court and Canvassing
Board Divides
The law relating to proceedings for
election recounts (sees. 23-2301 et seq.)
specifically divides the functions of the
court and the canvassing board. The court
determines the grounds of and necessity
for a recount and orders it done. The
board is entrusted with the duty of making
the recount, just as the judges and clerks
of election are entrusted with the duty of
making the count and certifying thereto
in the first place. State ex rel. Peterson
V. District Court et al., 107 M 482, 485,
86 P 2d 403.
Includes District Judge
Under this section et seq. providing for
the recount of votes by board of county
canvassers, any unsuccessful candidate,
including a candidate for the office of
district judge, may apply to the district
court for a recount. State ex rel. Riley
V. District Court, 103 M 576, 580, 64 P
2d 115.
a legal remedy for an alleged wrongful
canvass by a county canvassing board,
and therefore does not defeat the right
of a citizen to compel proper performance
of their duty by writ of mandate. State
ex rel. Lynch v. Batani, 103 M 353, 358,
62 P 2d 565.
Purpose of Recount Statute — Constitu-
tion
The sole purpose of the recount statutes,
sections 23-2301 et seq. is to determine, in
a doubtful case, whether the official can-
vass of the vote was correct, and where
the office of state senator or representative
is concerned, the election certificate does
not insure one's acceptance as a member
of either house, nor affect the ultimate
right to the office, nor can the recount in-
fringe upon the assembly's right to judge
of the elections, returns and qualifications
of its members in contravention of art. V,
sec. 9 of the Constitution. State ex rel.
Ainsworth v. District Court, 107 M 370,
372, 86 P 2d 5.
Kecount Proceeding Not an Election
Contest
A proceeding to obtain a recount of
votes under sections 23-2301 et seq. is in
no sense of the word an election contest,
it is absolutely independent of the law re-
lating to contesting of elections and either
or both remedies are available. State ex
rel. Peterson v. District Court et al., 107
M 482, 484, 86 P 2d 403.
Statute In Pari Materia With Others
Ijiberal Construction Required
Held, under application for writ of
supervisory control, that sections 23-2301 This section and those following au-
to 23-2307 should be liberally construed, thorizing recount of votes, etc. and sections
and applicant having set forth that the
votes were not correctly counted, such
ground is sufficient to justify the court in
finding that the votes "might not" have
been correctly counted, and writ accord
23-1812 et seq. relating to canvassers' ab-
stract to secretary of state, are in pari
materia and must be constiued together,
both the county and state board of can-
vassers being governed by the latter pro-
ingly issued directing respondents to order visions in case the result of the election
the recount. State ex rel. Thomas v. Dis-
trict Court, 116 M 510, 511, 154 P 2d 980.
Not Made in Presence of Court — Illegal
Ballots
A recount of ballots under this act is
not made in the presence of the district
judge ordering it; in acting, the board is
not required to ask the advice of the
judge as to whether ballots are or are not
properly marked, and he may not give
is changed upon a recount. State ex rel.
Eiley v. District Court, 103 M 576, 583, 64
P 2d 115.
Successive Recounts
This statute provides that an unsuccess-
ful candidate may within five days after
canvass of the ballots petition for a re-
count; where an unsuccessful candidate
for sheriff obtained a recount and was de-
clared elected, and his opponent, the
such advice; the board is in duty bound former successful but then unsuccessful
to "hear all, consider all, and then decide." candidate also asked for and was granted
State ex rel. Peterson v. District Court, a recount, held, on application for a writ
107 M 482, 486, 86 P 2d 403.
Not Remedy for Pailure of Canvassing
Board to Perform Duty Properly — Man-
damus
Sections 23-2301 to 23-2307 providing for
a recount of votes in one or more precincts
alleged improperly counted, does not afford
of supervisory control, the five-day limi-
tation commenced to run from the time
the board of canvassers announced the
result of the first recount, and the appli-
cation coming within that time, the court
had jurisdiction to grant the second re-
count. State ex rel. Peterson v. District
Court, 107 M 482, 485, 86 P 2d 403.
295
23-2302
ELECTION LAWS
When Application Timely
Where the board was compelled by writ
of mandate to reconvene by the supreme
court and correct its findings with relation
to two candidates for district judge, the
application filed within five days after
the corrected canvass was timely. State
ex rel. Riley v. District Court, 103 M 576,
586, 64 P 2d 115.
When District and Supreme Courts May
Not Control Actions of Boards
The rule that district courts may not
advise boards of county canvassers on
(|uestions arising on a recount of ballots
as to the legality or illegality of ballots
cast, etc., applies also to the supreme court
on application for extraordinary relief by
way of writs, and it cannot control the
actions of such boards indirectly by direc-
tions or suggestions to district courts. (If
State ex rel. Hiley v. District Court, 103
M 576, 64 P 2d 115, be open to a contrary
construction it is to that extent over-
ruled.) State ex rel. Peterson v. District
Court, 107 M 482, 488, 86 P 2d 403.
References
State ex rel. Wulf v. McGrath, 111 M
96, 101, 106 P 2d 183.
Collateral References
Elections<S=»260.
29 C.J.S. Elections §237.
18 Am. Jur. 359, Elections, §§ 271 et
seq.
Costs or reimbursement for expenses
incident to election contest. 106 ALB 928.
Notice of election to fill vacancy in
office at general election. 158 ALR 1184.
23-2302. (828.2) Failure to comply with provisions for counting votes,
presumption of incorrectness from. If it shall be made to appear by such
verified application that the judges or clerks of election in any one or more
election precincts did not comply with each and all of the provisions and
requirements of section 23-1705, in counting and ascertaining the number
of votes cast for each person voted for at said election, that shall be con-
sidered as sufficient probable cause for believing that the judges and clerks
of election of said election precinct, or precincts, did not correctly count
and ascertain the number of votes cast for the applicant in such election
precinct or precincts.
History: En. Sec. 2, Ch. 27, L. 1935.
23-2303. (828.3) Calling- in other judge — court not divested of juris-
diction by failure to hear application within prescribed time. If the judge
of said district court of the county in which said election is held be ill, or
absent, or for any other reason disqualified from acting, then and in that
event another district court judge shall be called in to hear and determine
said application, either by an order of a judge of said district court, or by
an order by a justice of the supreme court of the state of Montana. A failure
to hear, consider or determine said application within the time herein pro-
vided, shall not divest the court of jurisdiction, but the said court before
which said application i.s presented and filed shall retain jurisdiction thereof
for all purposes until said application is finally acted upon, considered and
determined, and until a final count is made and had by the said board of
county canvassers and the result thereof finally determined as herein
provided.
History: En. Sec. 3, Ch. 27, L. 1935.
Extent of Jurisdiction of District Court
The jurisdiction of the district court
before which an application for a recount
of the votes is filed does not cease when
it orders the board to reconvene and re-
canva.ss tlie votes, but it retains jurisdic-
tion of tlic proceeding until completion
of the canvass, i. e. until the court is ad-
vised thereof. State ex rel. Riley v. Dis-
trict Court, 103 M 576, 587, 588, 64 P 2d
115.
References
State ex rel. Peterson v. District Court,
107 M 482, 487, 86 P 2d 403.
Collateral References
ElectionsG=>260.
29 C.J.S. Elections § 237.
296
RECOUNT OF BALLOTS — RESULTS 23-2304
23-2304. (828.4) Precincts in which recount ordered — deposit of cost
of recount — procedure when more than one application for recount made —
manner of recounting- votes — certificates of election. (1) If said applica-
tion asks for a recount of the votes cast in more than one election precinct,
but the grounds thereof are not sufficient for a recount in all, the court shall
order' a recount as to only such precinct as to which there are sufficient
grounds stated and shown. The court in its order shall determine the prob-
able expense of making such recount, and the applicant or applicants asking
'I for such recount shall deposit with the said board the amount so determined
and specified in said order, in cash ; and if it be ascertained by said recount
that the applicant or applicants have been elected to said office, then and
in that event all money so deposited with said board shall be returned to
the said applicant or applicants, but if an applicant as a result of said
recount is found not to have been elected, then if the expense of making
said recount shall be greater than the estimated cost thereof said applicants
shall pay said excess, but if less than the estimated cost, then the differ-
ence shall be refunded to the applicant or applicants. The expense of
making said recount as herein provided, shall be the salary of the members
of the canvassing board for the period of time required to make such re-
count, and the salary of two clerks at the rate of not more than $8.00 per
day each.
(2) If more than one candidate makes application for a recount of
the votes cast at said election, the court may, in its discretion, consider
such applications separately or together, and may make separate or joint
orders in relation thereto, and apportion the expense between said appli-
cants. The board of canvassers, in recounting said ballots cast in said
election, shall count the votes cast in the respective precincts as to Avhich
a recount is ordered for the several candidates in whose behalf a recount
is ordered, at the same time, in the following manner:
(3) The county clerk shall produce, unopened, the sealed package or
envelope received by him from the judges of election of the election precinct,
or precincts, as to which a recount is ordered, in which is enclosed all bal-
lots voted at such election in said precinct or precincts ; and the package or
envelope must then be opened by a member of the board of county can-
vassers in the presence and view of the other members of said board and
of the county clerk, and of the candidates for said office or offices as to
which said recount is ordered, present thereat. The ballots must then be
taken from said packages or envelope by a member of the board, and in
the presence of the candidate or candidates seeking such recount, and the
candidate or candidates who by the first canvass was found to have received
the highest number of votes, the ballots must be taken singly by one of the
members of the canvassing board, and the contents thereof, while exposed
to the view of said candidates and of one of the other members of said
canvassing board, must be distinctly read aloud, and as the ballots are
read, two clerks must write at full length, on sheets to be known as tally
sheets, which shall be previously prepared for that purpose, one for each
clerk, with the name of said respective candidates and the office or offices
as to which a recount is being made, with the numbers of such election
precincts as to which said recount is ordered, and the number of votes for
297
23-2305 ELECTION LAWS
each person in said election precinct or precincts. At the completion of
said recount the tally sheets must then be compared and their correctness
ascertained, and the total number of votes cast for any candidate deter-
mined. If, on such recount, the votes cast for any candidate who makes
such application shall be either more or less than the number of votes
shown upon the official returns for that person and oflSce, then the original
returns shall be thereupon by the clerk of said board of canvassers, and
under its direction, corrected so as to state the number of votes ascertained
on such recount.
(4) The said board of canvassers shall thereupon cause its clerk to enter
on the records of said board the result of said election as determined
by such recount, and the clerk of said board shall thereupon make out
and deliver certificate of election in conformity to the result ascertained
by said recount.
(5) The candidate who as a result of the original or first canvass of the
returns by the board of canvassers was found to be elected, shall be served
with a copy of the application, and shall be given an opportunity to be
heard thereon, and he shall be permitted to be present and to be repre-
sented at any recount ordered.
(6) When said recount of the ballots in any election precinct has been
finished, the ballots shall then be again enclosed in the same package or
envelope in which they had been placed by the judges of election, and in
the presence and view of the county clerk and the members of the board
of canvassers the said packages or envelopes shall again be closed and
sealed, and then again delivered into the custody of the county clerk.
History: En. Sec. 4, Ch. 27, L. 1935.
23-2305. (828.5) Recount limited to precincts and oflSces specified in
order of court. The board of canvassers shall make no recount of any
votes cast in any election precinct or for any office other than the precinct
or precincts and office or offices specified in said order,
ffistory: En. Sec. 5, Ch. 27, L. 1935.
23-2306. (828.6) Certificates of election, effect of recount on. If it
shall be found and determined by said recount that the person to whom the
county clerk had issued a certificate of election pursuant to section 23-1808,
did not in fact receive the highest number of votes cast at said election
for said office, then the said certificate of election first issued by said clerk
shall be void, and the certificate of election issued by said clerk pursuant to
the findings and determination of said recount shall be treated and con-
sidered, for all purposes as the only certificate of election to said office, and
the person named therein shall be the person elected to said office.
History: En. Sec. 6, Ch. 27, L. 1936. Collateral References
Elections<S=3267.
29 C.J.S. Elections §240.
23-2307. (828.7) Election officers not to be paid until after recount —
not paid on finding incorrect count. No judge or clerk of any election, of
any election precinct, as to which a recount is ordered shall receive any pay
for his or her services as such judge or clerk until the completion of such
recount by the said canvassing board, and if it shall be ascertained on such
298
CONVENTIONS — CONSTITUTIONAL AMENDMENTS 23-2402
recount that any applicant in whose behalf such recount is had, has been
elected, then in that event, the judges and clerks of the election precincts
in which the votes were found to have not been correctly counted shall not
be paid or receive any pay for their services as such.
History: En. Sec. 7, Ch. 27, L. 1935. Collateral References
Election8<S='53.
29 C.J.S. Elections §63.
23-2308. (829) Other provisions concerning contests, reference to. See
sections 23-926 to 23-928 and sections 94-1464 to 94-1468 for other provi-
sions governing election contests.
History: New section recommended by
code commissioner, 1921.
CHAPTER 24
CONVENTIONS TO RATIPY PROPOSED AMENDMENTS TO
CONSTITUTION OF THE UNITED STATES
Section 23-2401. Convention for ratification of amendments to United States constitu-
tion.
23-2402. Delegates to constitutional convention.
23-2403. Nomination of delegates.
23-2404. Election of delegates.
23-2405. Form of ballot.
23-2406. Time for convention of delegates.
23-2407. Quorum — officers — procedure — qualifications.
23-2408. Compensation of delegates and officers.
23-2409. Certificate of result — transmission to secretary of state of United
States.
23-2410. Qualification of signers of petitions and electors.
23-2411. Federal acts to supersede state provisions concerning amendments.
23-2401. (829.1) Convention for ratification of amendments to United
States constitution. Whenever the Congress shall propose an amendment
to the constitution of the United States and shall propose that the same be
ratified by convention in the states, a convention shall be held, as provided
herein, for the purpose of ratifying such amendment.
History: En. Sec. 1, Ch. 188, L. 1933. Collateral References
Constitutional Law<S=>10.
16 C.J.S. Constitutional Law § 6.
23-2402. (829.2) Delegates to constitutional convention. The number
of delegates to be chosen to such convention shall be not less than one-half
of the number of the members of the legislative assembly of Montana, and
each county shall have one-half of the number of delegates as it is then en-
titled to elect members of the legislative assembly of Montana, provided,
that when the number is an odd number, each county shall be entitled to
one-half of the next even number. The delegates shall be elected at the next
general election or primary nominating election held throughout the state,
after the Congress has proposed the amendment, or at a special election to
be called by the governor, at his discretion, by proclamation at any time
after the Congress has proposed the amendment, and except as otherwise
provided herein, the election, in all respects, from the nomination of candi-
dates to and including the certificate of election, shall be in accordance
as nearly as may be with the laws of the state relating to the election of
members of the legislative assembly of the state.
History: En. Sec. 2, Ch. 188, L. 1933.
299
23-2403
ELECTION LAWS
23-2403. (829.3) Nomination of dele^fates. Nomination of a candidate
for the office of delegate shall be by petition, which shall be signed by not
less than one hundred voters of the county. Nominations shall be without
party or political designation, but shall be as "in favor of" or "opposed to"
ratification of the proposed amendment. All petitions and the acceptances
thereof shall be filed not less than thirty days prior to the election.
History: En. Sec. 3, Ch. 188, L. 1933.
23-2404. (829.4) Election of delegates. The results of the election
shall be determined as follows: The total number of votes cast for each
candidate "in favor of" ratification, and the total number of votes cast for
all candidates "in favor of" ratification and the total number of votes cast
for each candidate "opposed to" ratification and the total number of votes
cast for all candidates "opposed to" ratification shall be ascertained, and
the candidates equal to the number to be elected receiving the highest
number of votes from the side that casts the greater number of votes in
favor of or opposed to ratification, as the case may be, shall be deemed
elected.
History: En. Sec. 4, Ch. 188, L. 1933.
23-2405. (829.5) Form of ballot. On the official ballot there shall be
printed the proposed amendment, the names of candidates for delegates to
the convention, and appropriate instructions to the voters, all in substanti-
ally the following form :
PROPOSED AMENDMENT TO THE CONSTITUTION OF THE
UNITED STATES
Delegates to the Convention to Ratify the Proposed Amendment.
The Congress has proposed an amendment to the Constitution of the
United States which provides, (insert here the substance of the proposed
amendment.)
The Congress has also proposed that the said amendment shall be rati-
fied bv conventions in the states.
In favor of
ratification of the proposed amend-
ment.
Vote for
candidates only.
Opposed to
ratification of the proposed amend-
ment.
Vote for
candidates only.
Names of candidates.
Names of candidates.
History: En. Sec. 5, Ch. 188, L. 1933.
23-2406. (829.6) Time for convention of delegates. The delegates to
the convention shall meet at the state capitol on the first Monday in the
month following the election, at 10:00 o'clock a. m., and shall constitute a
300
CONVENTIONS — CONSTITUTIONAL AMENDMENTS 23-2411
convention to act upon the proposed amendment to the constitution of the
United vStates.
History: En. Sec. 6, Ch. 188, L. 1933,
23-2407. (829.7) Quorum — oflacers — procedure — qualifications. A ma-
jority of the total number of delegates to the convention shall constitute a
quorum. The convention shall have power to choose a president and secre-
tary, and all other necessary officers, and to make rules governing the
procedure of the convention. It shall be the judge of the qualifications and
election of its own members.
History: En. Sec. 7, Ch. 188, L. 1933.
23-2408. (829.8) Compensation of delegates and ofl&cers. Each dele-
gate shall receive mileage and per diem as provided by law for members of
the legislative assembly. The secretary and other officers shall receive such
compensation as may be fixed by the convention.
History: En. Sec. 8, Ch. 188, L. 1933.
23-2409. (829.9) Certificate of resxQt — transmission to secretary of
state of United States, When the convention shall have agreed by a ma-
jority of the vote of the total number of delegates in attendance at such
convention, a certificate to that effect shall be executed by the president and
secretary of the convention, and transmitted to the secretary of state of the
United States.
History: En. Sec. 9, Ch. 188, L. 1933,
23-2410, (829.10) Qualification of signers of petitions and electors.
Those entitled to petition for the nomination of candidates and to vote at
such election shall be determined as now provided by the registration laws
of Montana.
History: En. Sec. 10, Ch. 188, L. 1933.
23-2411. (829.11) Federal acts to supersede state provisions concern-
ing amendments. If the Congress shall either in the resolution submitting
the- proposed amendment, or by statute, prescribe the manner in which the
convention shall be constituted, the preceding provisions of this act shall be
inoperative, and the convention shall be constituted and held as the said
resolution or act of Congress shall direct, and all officers of the state of
Montana who may by said resolution or statute be authorized to direct, or
be directed to take any action to constitute such a convention for this state,
are hereby authorized and directed to act thereunder, and in obedience
thereto, with the same force and effect as if acting under a statute of this
state.
History: En. Sec. 11, Ch. 188, L, 1933.
301
32-709 ELECTION LAWS
TITLE 32
HIGHWAYS, BRIDGES AND FERRIES
CHAPTER 7
PUBLIC BRIDGES
Section 32-709. Election to determine question of construction — bonds — special levy.
32-709. (1711) Election to determine question of construction — bonds —
special levy. Before the construction of any bridge referred to in the
preceding section, the cost of which shall exceed ten thousand dollars, shall
be undertaken, the board of county commissioners shall submit to the
qualified electors of a county, at a general or special election, the question
of whether such bridge shall be constructed, and the cost thereof paid by the
county; and if the electors at such election shall vote in favor of the
construction of such bridge, the board of county commissioners may, if
they deem it necessary and advisable to do so, issue and sell the bonds of
said county to the amount authorized for the purpose of constructing
such bridge, under such regulations as other bonds of the county are
issued and sold, and with such funds construct said bridge; or, if the cost
of such bridge shall not exceed the amount authorized to be raised by a
special levy, a special levy may be made for the purpose of raising the
moneys necessary to defray the cost of constructing such bridge, as pro-
vided in the preceding section.
History: En. Sec. 5, Ch. 63, L. 1917;
re-en. Sec. 1711, E. C. M. 1921.
TITLE 37
INITIATIVE AND REFERENDUM
CHAPTER 1
INITIATIVE AND REFERENDUM
Section 37-101. Form of petition for referendum.
37-102. Form of petition for initiative.
37-103. County clerk to verify signatures.
37-104. Notice to governor and proclamation.
37-105. Certification and numbering of measures — constitutional amendments.
37-106. Manner of voting — ballot.
37-107. Printing and distribution of measures.
37-108. Canvass of votes.
37-109. Who may petition — false signature — penalties.
37-110. Referred bills not effective until approved.
37-101. (99) Form of petition for referendum. The following shall be
substantially the form of petition for the referendum to the people on any
act passed by the legislative assembly of the state of Montana :
Warning.
Any person signing any name other than his own to this petition, or
signing the same more than once for the same measure at one election,
302
INITIATIVE AND REFERENDUM 37-102
or who is not, at the time of signing the same, a legal voter of this state,
is punishable by a fine not exceeding five hundred dollars ($500.00), or
imprisonment in the penitentiary not exceeding two years, or by both such
fine and imprisonment.
Petition for Referendum.
To the Honorable , Secretary of State of the state of
Montana :
"We, the undersigned citizens and legal voters of the state of Montana,
respectfully order that Senate (House) Bill Number , entitled (title
of act), passed by the legislative assembly of the state of Montana,
at the regular (special) session of said legislative assembly, shall be re-
ferred to the people of the state for their approval or rejection, at the regu-
lar, general, or special election to be held on the day of ,
19.—, and each for himself says: I have personally signed this petition;
I am a legal voter of the state of Montana; and my residence, postoffice
address, and voting precinct are correctly written after my name.
Name Residence
Postoffice address
If in city, street and number
Voting precinct
(Here follow numbered lines for signatures.)
History: En. Sec, 1, Ch. 62, L. 1907; Cross-Reference
Sec. 106, Rev. C. 1907; re-en. Sec. 99, Constitutional provisions, Art. V, Sec. 1.
R. C. M. 1921.
37-102. (100) Form of petition for initiative. The following shall be
substantially the form of petition for any law of the state of Montana pro-
posed by the initiative:
Warning.
Any person signing any name other than his own to this petition, or
signing the same more than once for the same measure at one election,
or who is not, at the time of signing the same, a legal voter of this state,
is punishable by a fine not exceeding five hundred dollars ($500.00), or
imprisonment in the penitentiary not exceeding two years, or by both such
fine and imprisonment.
Petition for Initiative.
To the Honorable , Secretary of State of the
State of Montana:
We, the undersigned legal voters of the state of Montana, respectfully
demand that the following proposed law shall be submitted to the legal
electors of the state of Montana, for their approval or rejection, at the
regular, general, or special election to be held on the day of
, 19.—, and each for himself says:
I have personally signed this petition, and my residence, postoffice ad-
dress, and voting precinct are correctly written after my name.
Name Residence
Postoffice address
If in city, street and number
Voting precinct
(Numbered lines for names on each sheet.)
303
3Y_jQ3 ELECTION LAWS
Every such sheet for petitioner's signature shall be attached to a full
and correct copy of the title and text of the measure so proposed by initia-
tive petition; but such petition may be filed with the secretary of state
in numbered sections, for convenience in handling, and referendum peti-
tions may be filed in sections in like manner.
History: En. Sec. 2, Ch. 62, L. 1907;
Sec. 107, Rev. C. 1907; re-en. Sec. 100, R.
C. M. 1921.
37-103. (101) County clerk to verify sigfnatures. The county clerk of
each county in which any such petition shall be signed shall compare the
signatures of the electors signing the same with their signatures on the regis-
tration books and blanks on file in his office, for the preceding general
election, and shall thereupon attach to the sheets of said petition contain-
ing such signatures his certificate to the secretary of state, substantially
as folloAvs:
State of Montana, ]
j-ss.
County of J
To the Honorable , Secretary of State
for Montana :
I, , county clerk of the county of
, hereby certify that I "have compared the
signatures on (number of sheets) of the referendum (initiative) petition,
attached hereto, with the signatures of said electors as they appear on the
registration books and blanks in my office ; and I believe that the signa-
tures of (names of signers), numbering (number of genuine signatures),
are genuine. As to the remainder of the signatures thereon, I believe that
they are not genuine, for the reason that ;
and I further certify that the following names
( ) do not appear on the registration books and blanks
in my office.
Signed :
, County Clerk.
(Seal of Office) By ,
Deputy
Every such certificate shall be prima facie evidence of the facts stated
therein, and of the qualifications of the electors whose signatures are thus
certified to be genuine, and the secretary of state shall consider and count
only such signatures on such petitions as shall be so certified by said county
clerks to be genuine; provided, that the secretary of state may consider
and count such of the remaining signatures as may be proved to be genu-
ine, and that the parties so signing were legally qualified to sign such
petitions, and the official certificate of a notary public of the county in
which the signer resides shall be required as to the fact for each of such
last-named signatures; and the secretary of state shall further compare
and verify the official signatures and seals of all notaries so certifying
with their signatures and seals filed in his office. Such notaries' certificate
shall be substantially in the following form :
304
INITIATIVE AND REFERENDUM 37-105
State 01 Montana, ")
}-ss.
County of J
I, , a duly qualified and acting notary
public in and for the above-named county and state, do hereby certify:
that I am personally acquainted with each of the following named electors
whose signatures are affixed to the annexed petition, and I know of my
own knowledge that they are legal voters of the state of Montana, and
of the county and precincts written after their several names in the an-
nexed petition, and that their residence and postoffice address is correctly
stated therein, to-wit: (Names of such electors.)
In Testimony Whereof, I have hereunto set my hand and official seal
this day of , 19
Notary Public, in and for County,
State of Montana.
The county clerk shall not retain in his possession any such petition,
or any part thereof, for a longer period than two days for the first two
hundred signatures thereon, and one additional day for each two hundred
additional signatures, or fraction thereof, on the sheets presented to him,
and at the expiration of such time he shall forward the same to the secre-
tary of state, with his certificate attached thereto, as above provided. The
forms herein given are not mandatory, and if substantially followed in
any petition, it shall be sufficient, disregarding clerical and merely technical
errors.
History: En. Sec. 3, Ch, 62, L. 1907;
Sec. 108, Rev. C. 1907; re-en. Sec. 101,
R. C. M. 1921.
37-104. (102) Notice to governor and proclamation. Immediately upon
the filing of any such petition for the referendum or the initiative with the
secretary of state, signed by the number of voters and filed within the time
required by the constitution, he shall notify the governor in writing of the
filing of such petition, and the governor shall forthwith issue his proclama-
tion, announcing that such petition has been filed, with a brief statement
of its tenor and effect. Said proclamation shall be published four times for
four consecutive weeks in one daily or weekly paper in each county of the
state of Montana.
History: En. Sec. 4, Ch. 62, L. 1907;
re-en. Sec. 109, Rev. C. 1907; re-en Sec.
102, R. C. M. 1921.
37-105. (103) Certification and numbering of measures — constitutional
amendments. The secretary of state, at the same time that he furnishes to
the county clerk of the several counties certified copies of the names of the
candidates for office, shall also furnish the said county clerks his certified
copy of the titles and numbers of the various measures to be voted upon at
the ensuing general or special election, and he shall use for each measure
a title designated for that purpose by the legislative assembly, committee,
or organization presenting and filing with him the act, or petition for the
initiative or the referendum, or in the petition or act; provided, that such
title shall in no case exceed one hundred words, and shall not resemble any
such title previously filed for any measure to be submitted at that election
305
37-106 ELECTION LAWS
which shall be descriptive of said measure, and he shall number such meas-
ures. All measures shall be numbered with consecutive numbers beginning
with the number immediately following that on the last measure filed in
the office of the secretary of state. The affirmative and negative of each
measure shall bear the same number, and no two measures shall be num-
bered alike. It shall be the duty of the several county clerks to print said
titles and numbers on the official ballot prescribed by section 23-1102, in the
numerical order in which the measures have been certified to them by the
secretary of state. Measures proposed by the initiative shall be designated
and distinguished from measures proposed by the legislative assembly by
the heading "proposed petition for initiative."
All constitutional amendments submitted to the qualified electors of
the state shall likewise be placed upon the official ballot prescribed by
said section 23-1102 and no such amendment shall hereafter be submitted on
a separate ballot. Nothing herein contained shall be deemed to change the
existing laws of the state regulating in other respects the manner of sub-
mitting such proposed amendments.
History: En. Sec. 6, Oh. 62, L. 1907; Ch. 66, L. 1913; re-en. Sec. 103, R. C. M.
re-en. Sec. 110, Rev. C. 1907; amd. Sec. 1, 1921; amd. Sec. 1, Ch. 52, L. 1927.
37-106. (104) Manner of voting — ballot. The manner of voting on
measures submitted to the people shall be by marking the ballot with a
cross in or on the diagram opposite and to the left of the proposition for
which the voter desires to vote. The form of ballot to be used on measures
submitted to the people shall be submitted to and determined by the
attorney general of the state of Montana. The following is a sample ballot
representing negative vote:
For Initiative Measure No. 6
Relating to Duties of Sheriffs.
Against Said Measure No. 6.
For Referendum Measure No. 7
Relating to Purchase of Insane Asylum.
Against Said Measure No. 7.
History: En. Sec. 6, Ch. 62, L. 1907; 66, L. 1913; re-en. Sec. 104, R. O. M. 1921;
Sec. Ill, Rev. C. 1907; amd. Sec. 2, Ch. amd. Sec. 1, Ch, 18, L. 1937.
37-107. (105) Printing and distribution of measures. The secretary of
state shall furnish a copy of each of the proposed measures to be submitted
to the people and make requisition on the state purchasing agent for the
printing and delivery to him of all proposed constitutional amendments,
initiative and referendum measures to be submitted to a vote of the people.
The state purchasing agent, shall, not later than the first Monday of
the third month next before any general or special election, at which any
proposed law is to be submitted to the people, cause to be printed a true
copy of the title and text of each measure to be submitted, with the number
306
INITIATIVE AND REFERENDUM 37-108
and form in which the question will be printed on the official ballot. It
shall be the duty of the state purchasing agent to call for bids and contract
with the lowest responsible bidder for the printing of the proposed law to
be submitted to the people. Any measure proposed to be submitted to the
people and which concerns the creation of any state levy, debt or liability,
including the issuance of state bonds or debentures other than refunding
bonds or debentures, shall be submitted to the eligible voters as defined by
section 23-303, upon a separate official ballot and no such measure shall be
submitted on a general ballot. All other measures proposed to be sub-
mitted to the people including constitutional amendments and initiative
and referendum measures which do not concern the creation of any state
levy, debt or liability, may be submitted on the general ballot as provided
by section 23-1105.
The proposed law to be submitted shall be printed in news type, each
page to be six inches wide by nine inches long, and when such proposed
measure constitutes less than six pages, it shall be printed flat and for-
warded to the county clerk and recorder of each of the several counties in
that form.
When the proposed measure constitutes more than six pages, said
measure shall be printed in pamphlet form, securely stapled, without cover.
No proposed measure, hereafter, to be submitted to the people of the state,
as provided for in this section shall be bound. The quality of the paper to
be used for the proposed measure shall be left to the discretion of the state
purchasing agent. The number of said proposed measures to be printed
shall be five per cent (5%) more than the number of registered voters, as
shown by the registration lists of the several counties of the state at the
last preceding general election.
The secretary of state shall distribute to each county clerk before the
second Monday in the third month next preceding such regular general
election, a sufficient number of said pamphlets to furnish one copy to every
voter in his county. And each county clerk shall be required to mail to each
registered voter in each of the several counties in the state at least one copy
of the same within thirty (30) days from the date of his receipt of the same
from the secretary of state. The mailing of said pamphlets to electors shall
be a part of the official duty of the county clerk of each of the several
counties, and his official compensation shall be full compensation for this
additional service.
History: En. Sec. 7, Cli. 62, L. 1907; 1927; amd. Sec. 2, Ch. 104, L. 1945; amd.
Sec. 112, Eev. C. 1907; re-en. Sec. 105, Sec. 1, Ch. 67, L. 1947.
R. C. M. 1921; amd. Sec. 1, Ch. 137, L.
37-108. (106) Canvass of votes. The votes on measures and questions
shall be counted, canvassed, and returned by the regular boards of judges,
clerks, and officers as votes for candidates are counted, canvassed, and re-
turned, and the abstract made by the several county clerks of votes on
measures shall be returned to the secretary of state on separate abstract
sheets in the manner provided by sections 23-1812 and 23-1813 for abstracts
of votes for state officers. It shall be the duty of the state board of can-
vassers to proceed within thirty days after the election, and sooner if the
returns be all received, to canvass the votes given for each measure, and
the governor shall forthwith issue his proclamation, which shall be pub-
307
37-109 ELECTION LAWS
lished in two daily newspapers printed at the capital, giving the whole
number of votes cast in the state for and against each measure and ques-
tion, and declaring such measures as are approved by a majority of those
voting thereon to be in full force and effect as the law of the state of
Montana from the date of said proclamation, designating such measures
by their titles.
History: En. Sec. 8, Ch. 62, L. 1907;
Sec. 113, Rev. C. 1907; re-en. Sec. 106,
R. C. M. 1921.
37-109. (107) Who may petition — false sig^nature — penalties. Every
person who is a qualified elector of the state of Montana may sign a petition
for the referendum or for the initiative. Any person signing any name other
than his own to such petition, or signing the same more than once for the
same measure at one election, or who is not, at the time of signing the
same, a legal voter of this state, or any officer or any person wilfully
violating any provision of this statute, shall, upon conviction thereof, be
punished by a fine not exceeding five hundred dollars, or by imprisonment
in the penitentiary not exceeding two years, or by both such fine and im-
prisonment, in the discretion of the court before which such conviction shall
be had.
History: En. Sec. 9, Ch. 62, L. 1907;
Sec. 114, Rev. C. 1907; re-en. Sec. 107, R.
C. M. 1921.
37-110. (108) Referred bills not effective until approved. A bill passed
by the legislative assembly and referred to popular vote at the next general
election, or at a special election, shall not be in effect until it is approved at
such general or special election by a majority of those voting for and
against it.
History: En. Sec. 10, Ch. 62, L. 1907;
Sec. 115, Rev. C. 1907; re-en. Sec. 108, R.
C. M. 1921.
TITLE 43
LEGISLATURE AND ENACTMENT OF LAWS
CHAPTER 1
SENATORIAL, REPEESENTATIVE AND CONGRESSIONAL DISTRICTS
Section 43-101. Senatorial districts defined.
43-102. Districts in new counties.
43-103. Apportionment of legislative assemblies.
43-104. Number of representatives from each county.
43-105. New counties.
43-106. New counties — representative districts.
43-107. Congressional districts.
43-101. (4S) Senatorial districts defined. Each county of the state of
Montana shall constitute a senatorial district and each senatorial district
is entitled to one senator.
History: Ap. p. Sec. 110, PoL C. 1895; Art. VI, Const, of Mont.); amd. Sec. 1, Ch.
re-en. Sec. 41, Rev. C. 1907 (See Sec. 5, 6, L. 1921; re-en. Sec. 42, R. C. M. 1921.
308
LEGISLATURE AND ENACTMENT OF LAWS 43-104
43-102. (43) Districts in new counties. AVhenever new counties are
created, each of said counties shall be entitled to one senator, but in no case
shall a senatorial district consist of more than one county.
History: En. Sec. Ill, Pol. C. 1895;
re-en. Sec. 42, Rev. C. 1907; re-en. Sec. 43,
R. C. M. 1921.
43-103. (44) Apportionment of legislative assemblies. Thpt after the
expiration of the thirty-seventh legislative assembly of the state of Mon-
tana, the membership of the house of representatives of all legislative
assemblies of Montana shall be apportioned amongst, and to the several
counties of the state, upon and according to the official federal census
enumeration of the inhabitants of the several counties of Montana, as taken
by authority of law in the year of 1960, and upon the ratio of one (1)
representative, or member, therein from each county for each eight thousand
five hundred (8,500) persons in such county, or fractional part thereof in
excess of four thousand two hundred fifty (4,250) persons; provided that
each county now created, shall be entitled to at least one (1) member.
History: En. Sec. 1, Ch. 37, L. 1941;
amd. Sec. 1, Ch. 191, L. 1951; amd. Sec. 1,
Ch. 233, L. 1961.
43-104. (45) Number of representatives from each county. In accord-
ance therewith each county of the state shall be entitled to, and shall elect
at each biennial general, state and county election, the number of members
of the house of representatives in the legislative assembly of Montana herein
below allotted and apportioned to it and set opposite its name as follows:
Beaverhead County One member
Big Horn County One member
Blaine County One member
Broadwater County One member
Carbon County One member
Carter County One member
Cascade County Nine members
Chouteau County One member
Custer County Two members
Daniels County One member
Dawson County :. One member
Deer Lodge County Two members
Fallon County One member
Fergus County Two members
Flathead County Four members
Gallatin County Three members
Garfield County One member
Glacier County One member
Golden Valley County One member
Granite County One member
Hill County Two members
Jefferson County One member
Judith Basin County One member
Lake County Two members
309
43-105 ELECTION LAWS
Lewis and Clark County Three members
Liberty County One member
Lincoln County One member
MeCone County One member
Madison County One member
Meagher County One member
Mineral County One member
Missoula County Five members
Musselshell County One member
Park Count}'' Two members
Petroleum County One member
Phillips County One member
Pondera County One member
Powder River County One member
Powell County One member
Prairie County One member
Ravalli County One member
Richland County One member
Roosevelt County One member
Rosebud County One member
Sanders County One member
Sheridan County One member
Silver Bow County Five members
Stillwater County One member
Sweet Grass County One member
Teton County One member
Toole County One member
Treasure County One member
Valley County Two members
Wheatland County One member
Wibaux County One member
Yellowstone County Nine members
History: En. Sec, 112, Pol. C. 1895; re- ch. 144, L. 1939; amd. Sec. 2, Ch. 37, L.
en. Sec. 43, Rev. C. 1907; amd. Sec. 2, Ch. 1941; amd. Sec. 2, Ch. 191. L. 1951; amd.
38, L. 1911; amd. Sec. 2, Ch. 192, L. 1921; Sec. 2, Ch. 233, L. 1961.
re-en. Sec. 45, R. C. M. 1921; amd. Sec. 1,
43-105. (46) New counties. Whenever a new county is created it shall
have and be entitled to one (1) member of the house of representatives
until otherwise apportioned.
History: En. Sec. 3, Ch. 37, K 1941.
43-106. (47) New counties — representative districts. Whenever a new
county is created, it shall be attached to, and become a part of the repre-
sentative district, embracing the county from which the largest area in-
cluded in the new county has been taken.
History: En. Sec. 4, Ch. 37, L. 1941;
First Enacted as Sec. 4, Ch. 192, L. 1921;
Sec. 47, R. C. M. 1921.
43-107. (48) Congressional districts. All that portion of the state of
Montana lying west of the east boundary of Flathead, Lewis and Clark,
310
LIBRARIES 44-213
Broadwater, and Gallatin counties, to-wit: the counties of Beaverhead,
Broadwater, Deer Lodge, Flathead, Gallatin, Granite, Jefferson. Lake, Lewis
and Clark, Lincoln, Madison, Mineral, Missoula, Powell, Ravalli, Sanders,
and Silver Bow shall constitute the first congressional district of the state ;
and that all that portion of the State of Montana lying east of the east
boundary of Flathead, Lewis and Clark, Broadwater, and Gallatin counties,
to-wit : the counties of Big Horn. Blaine, Carbon, Carter, Cascade, Chouteau,
Custer. Daniels, Dawson, Fallon, Fergus, Garfield, Glacier, Golden Valley,
Hill, Judith Basin, Liberty, McCone, Meagher, Musselshell, Park, Petroleum,
Phillips, Pondera, Powder River, Prairie, Richland, Rosebud, Roosevelt,
Sheridan. Stillwater, Sweet Grass, Teton, Toole, Treasure, Valley, Wheat-
land, AVibaux and Yellowstone shall constitute the second congressional
district of the state.
Whenever any county is created, comprised partly of the territory of
both such districts, said county shall belong to and become a part of the
district to which major portion of the territory of said county belonged and
was a part prior to the creation of such new county.
History: Ap. p. Sec. 120, Pol. C. 1895; Ch. 44, L. 1917; re-en. Sec. 48, R. C. M.
re-en. Sec. 47, Rev. C. 1907; amd. Sec. 1, 1921; amd. Sec. 1, Ch. 113, L. 1945.
TITLE 44
LIBRARIES
CHAPTER 2
COUNTY AND REGIONAL FREE LIBRAEIES
Section 44-213. Participation of other governmental units.
44-213. Participation of other governmental units. When a joint
county or regional library shall have been established, the legislative body
of any government unit therein that is maintaining a library may decide,
with the concurrence of the board of trustees of its library, to participate
in the joint county or regional library; after which, beginning with the
next fiscal year of the county, the governmental unit shall participate in
the joint county or regional library and its residents shall be entitled to
the benefits of the joint county or regional library, and property within its
boundaries shall be subject to taxation for joint county or regional library
purposes. A governmental unit participating in the joint county or regional
library may retain title to its own property, continue its own board of
library trustees, and may levy its own taxes for library purposes ; or, by a
majority vote of the qualified electors, a governmental unit may transfer,
conditionally or otherwise, the ownership and control of its library, with
all or any part of its property, to another governmental unit which is
providing or will provide free library service in the territory of the former,
and the trustees or body making the transfer shall thereafter be relieved of
responsibility pertaining to the property transferred.
History: En. Sec. 2, Ch. 132, L. 1939.
311
44-301 ELECTION LAWS
CHAPTER 3
CITY FREE PUBLIC LIBRAEIE8
Section 44-301. Establishment of free public library — tax levy for maintenance.
44-302. Submission of questions to electors.
44-303. Library to be established when majority vote favora — election at which
question may be submitted.
44-301. (5049) Establishment of free public library — tax levy for main-
tenance. The council has power to establish and maintain a free public
library, and in cities and towns having a free public library not established
and maintained by such city or town, may contribute to the support and
maintenance thereof, and for that purpose may provide by ordinance for
a tax as follows: In a city or town having assessed valuation of seven
hiindred and fifty thousand dollars ($750,000.00) or more, a tax not exceed-
ing three and one-half mills on the dollar on the property may be levied.
In a city or town having an assessed valuation of less than seven hundred
fifty thousand dollars ($750,000.00), a tax not exceeding three (3) mills on
the dollar on the property may be levied. The tax so levied and collected
constitutes a fund known as the "library fund," and must be expended
only for the purchase of books and other things necessary for a library, and
the support and maintenance thereof.
History: En. Sec. 1, p. 110, L. 1883; 1905; re-en. Sec. 3488, Rev. C. 1907; re-en.
re-en. Sec. 1141, 5th Div. Comp. Stat. 1887; Sec. 5049, R. C. M. 1921; amd. Sec. 1,
amd. Sec. 5039, PoL C. 1895; amd. Sec. 1, Ch. 32, L. 1931; amd. Sec. 1, Ch. 61, L.
p. 229, L. 1897; amd. Sec. 1, Ch. 62, L. 1947.
44-302. (5050) Submission of questions to electors. Before any such
ordinance is passed the council must submit to the qualified electors of the
city or town at an election the question. At such election the ballot must
have printed or written thereon the words, "Public Library — Yes," "Public
Library — No," and in voting the elector must make a cross thus, "X,"
opposite the answer for which he intends to vote.
History: En. Sec. 5040, Pol. C. 1895;
re-en. Sec. 3489, Rev. C. 1907; re-en. Sec.
5050, R. C. M. 1921.
44-303. (5051) Library to be established when majority vote favors
election at which question may be submitted. If the majority of the votes
cast at such election is in favor of the establishment of a public library,
then such library must be established as above provided. Such question
may be submitted at the annual or at any special election held in such city
or town, and must be submitted at any such election on the petition of one
hundred or more inhabitants of such city or town.
History: En. Sec. 5041, Pol. C. 1895;
re-en. Sec. 3490, Rev. C. 1907; re-en. Sec.
5051, R. C. M. 1921.
TITLE 62
PARKS AND PUBLIC RECREATION
CHAPTER 2
CITY, TOWN AND SCHOOL DISTRICT CIVIC CENTERS,
PARKS AND RECREATIONAL FACILITIES
312
SCHOOLS 75-1301
Section 62-201. Public parks and grounds, civic and youth centers — additional indebted-
ness of municipalities to provide.
62-201. (5159) Public parks and grounds, civic and youth centers — ad-
ditional indebtedness of municipalities to provide. A city or town council,
or commission, in addition to the power it now has under the law, has and is
hereby granted and given the further power :
(1) To contract an indebtedness on behalf of a city or town, upon the
credit thereof, by borrowing money or issuing bonds for the purpose of pur-
chasing and improving lands for public parks and grounds ; and/or for pro-
curing by purchase, or construction, or otherwise, swimming pools, athletic
fields, skating rinks, playgrounds, museums, a golf course, a site and build-
ing for a civic center, a youth center, or combination thereof, and furnishing
and equipping the same ; and
(2) To purchase, build, furnish and equip the same ; provided that the
total amount of indebtedness authorized to be contracted in any form, in-
cluding the then existing indebtedness, must not at any time exceed three
(3) per centum of the value of the taxable property of the city or town, as
ascertained by the last assessment for state and county taxes previous to the
incurring of such indebtedness ; and provided, further, that no money must
be borrowed on bonds issued for the purchase of lands and improving same
for any such purpose, until the proposition has been submitted to the vote
of those qualified under the provisions of the state constitution to vote at
such election in the city or town affected thereby, and a majority vote cast
in favor thereof.
History: En. Sec. 1, Ch. 55, L. 1909; 1, Ch. 114, L. 1923; amd. Sec. 1, Ch. 71, L.
re-€n. Sec. 5159, R. C. M. 1921; amd. Sec. 1945; amd. Sec. 1, Ch. 64, L. 1947.
TITLE 75
SCHOOLS
CHAPTER 13
THE PUBLIC SCHOOLS— SUPERINTENDENT OF PUBLIC INSTRUCTION
Section 75-1301. Election, qualification, oath and bond.
75-1301. (931) Election, qualification, oath and bond. There shall be
chosen by the qualified electors of the state, at the time and place of voting
for members of the legislature, a superintendent of public instruction, who
shall have attained the age of thirty years at the time of his election, and
shall have resided within the state two years next preceding his election,
and is the holder of a state certificate of the highest grade, issued in some
state, and recognized by the state board of education, or is a graduate of
some university, college, or normal school recognized by the state board by
[of] education as of equal rank with the university of Montana or the state
normal school. He shall hold his office at the seat of government for the
term of four years from the first Monday in January following his election,
and until his successor is elected and qualified. Before entering upon his
313
75-1501 ELECTION LAWS
duties, he shall take the oath of a civil officer and give bond in the penal
sum of three thousand dollars, with not less than two sureties, to be ap-
proved by the governor and attorney general.
History: En. Sec. 1700, PoL C. 1895; 200, Ch. 76, L. 1913; re-en. Sec. 931, R. C.
re-en. Sec. 805, Rev. C. 1907; amd. Sec. M. 1921.
CHAPTER 15
COUNTY SUPERINTENDENT OF SCHOOLS
Section 75-1501. County superintendent of schools — eligible without regard to sex.
75-1502. Qualifications for county superintendent of schools.
75-1503. Election of superintendent.
75-1504. Term of office.
75-1501. (950) County superintendent of schools — eligible without re-
gurd to sex. All persons otherwise qualified shall be eligible to the office
of county superintendent of common schools without regard to sex.
History: Ap. p. Sec. 8, p. 621, Cod. 1868, 5th Div. Comp. Stat. 1887; re-en. Sec.
Stat. 1871; amd. Sec. 8, p. 118, L. 1874; 1730, Pol. C. 1895; re-en. Sec. 823, Rev. C.
re-en. Sec. 1095, 5th Div. Rev. Stat. 1879; 1907; amd. Sec. 300, Ch. 76, L. 1913; re-en.
amd. Sec. 1, p. 53, L. 1883; re-en. Sec. Sec. 950, R. C. M. 1921.
75-1502. (950.1) Qualifications for county superintendent of schools.
No person shall be eligible to the office of county superintendent of schools
in any county of Montana, who, in addition to the qualifications required by
the constitution of the state of Montana, is not the holder of a state certifi-
cate offered by the state of Montana, granted by endorsement upon gradua-
tion from a standard normal school, or college, or university ; or who is not
the holder of a certificate offered by the state of Montana, designated as a
state certificate granted by examination in accordance with the rules and
regulations as prescribed by the state board of educational examiners ; .and
who has not had at least three years successful experience as a teacher,
principal or superintendent of public schools. The above qualifications
shall not prohibit the re-election of present incumbents.
History: En. Sec. 1, Ch. 118, L. 1929.
75-1503. (951) Election of superintendent. A county superintendent
of schools shall be elected in each organized county in this state at the
general election preceding the expiration of the term of office of the present
incumbent, and every four years thereafter.
History: This section originally a part 1868, 5th Div. Comp. Stat. 1887; re-en. Sec.
of Sec. 950. Ap. p. Sec. 8, p. 621, Cod. 1730, Pol. C. 1895; re-en. Sec. 823, Rev. C.
Stat. 1871; amd. Sec. 8, p. 118, L. 1874; 1907; amd. Sec. 300, Ch. 76, L. 1913; re-en.
re-en. Sec. 1095, 5th Div. Rev. Stat. 1879; Sec. 951, R. C. M. 1921; amd. Sec. 1, Ch.
amd. Sec. 1, p. 53, L. 1883; re-en. Sec. 10, L. 1945.
75-1504. (952) Term of office. The county superintendent shall take
office on the first Monday in January next succeeding his election and hold
for four years, and until his successor is elected and qualified.
History: This section originally a part 1868, 5th Div. Comp. Stat. 1887; re-en. Sec.
of Sec. 950. Ap. p. Sec. 8, p. 621, Cod. 1730, Pol. C. 1895; re-en. Sec. 823, Rev. C.
Stat. 1871; amd. Sec. 8, p. 118, L. 1874; 1907; amd. Sec. 300, Oh. 76, L. 1913; re-en.
re-en. Sec. 1095, 5th Div. Rev. Stat. 1879; Sec. 952, R. C. M. 1921; amd. Sec. 2, Ch.
amd. Sec. 1, p. 63, L. 1883; re-en. Sec. 10, L. 1945.
314
SCHOOLS 75-1604
CHAPTER 16
SCHOOL TRUSTEES
Section 75-1601. Qualiflcaticna of.
75-1602. Number of.
75-1603. Elections.
75-1604. Election in districts of second and third class — nominations.
75-1605. Conduct of election.
75-1606. Election in districts of first class — nominations and conduct of
elections.
75-1607, Board of trustees to call election.
75-1608. Same — notice of.
75-1609. Hours of election.
75-1610. Judges.
75-1611. Ballots and method of voting.
75-1612. Poll and tally-list, certificate of judges and canvass of votes.
75-1613. Term of office — vacancy — oath of trustees.
75-1614. Vacancy in school board.
75-1615. Trustees — how removed.
75-1616. Vacancy in office of clerk.
75-1617. Rearrangement of terms to prevent the election of a majority of the
trustees.
75-1618. Qualifications of electors.
75-1619. Challenges — oath of voters.
75-1620. Expenses of election.
75-1631. Call of special election.
75-1632. Duties of trustees.
75-1601. (985) Qualifications of. Any person, male or female, who is a
qualified voter at any election under this act, shall be eligible to the office
of school trustee in such district.
History: En. Sec. 500, Ch. 76, L. 1913;
re-en. Sec. 985, R. C. M. 1921.
75-1602. (986) Number of. In districts of the first class, the number
of trustees shall be seven, in districts of the second class the number of
trustees shall be five, and in districts of the third class the number of trus-
tees shall be three.
History: Ap. p. Sec. 1770, Pol. C. 1895; amd. Sec. 1, Ch. 16, L. 1911; amd. Sec. 501,
amd. Sec. 1, p. 136, L. 1897; amd. Sec. 1, Ch. 76, L. 1913; re-«n. Sec. 986, R. C. M.
Ch. 69, L. 1907; Sec. 850, Rev. C. 1907; 1921.
75-1603. (987) Elections. An annual election of school trustees shall
be held in each school district in the state on the first Saturday in April of
each year at the district schoolhouse, if there be one, and if there be none,
at a place designated by the board of trustees. In districts of the third class
having more than one schoolhouse where school is held, one trustee must
be elected from persons residing where such outside schools are located.
History: Ap. p. Sec. 1880, 5th Div. NOTE. — The last sentence of this sec-
Comp. Stat. 1887; amd. Sec. 1, p. 243, L. tion relating to election of school trustees,
1891; amd. Sec. 1770, Pol. C. 1895; amd. held in violation of the Constitution, Sec-
Sec. 1, p. 136, L. 1897; amd. Sec. 1, p. 57, tion 13, Article IX and Section 10, Article
L. 1899; amd. Sec. 1, Ch. 69, L. 1907; Sec. XI. Opinions of Attorney General, Vol. 7,
850, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. p. 96. Similar holding in Opinion No. 112,
1911; amd. Sec. 502, Ch. 76, L. 1913; amd. Vol. 15.
Sec. 7, Ch. 81, L. 1917; re-en. Sec. 987,
R. C. M. 1921.
75-1604. (988) Election in districts of second and third class — nomina-
tions. In districts of the second and third class, the names of all candidates
for membership on the school board must be received and filed by the clerk
315
75-1605 ELECTION LAWS
and posted at each polling place at least five days next preceding the elec-
tion. Any five qualified electors of the district may file with the clerk the
nominations of as many persons as are to be elected to the school board at
the ensuing election.
History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 988, R. C. M. 1921.
75-1605. (989) Conduct of election. In districts of the second and
third classes, the election of school trustees shall be held and conducted
under the supervision of the board of school trustees. The clerk of the school
district must, not less than fifteen days before the election required under
this act, post notices in three public places in said district, and in incor-
porated cities in each ward, which notices must specify the time and place
of election, and the hours during which the polls will be open. The trus-
tees must appoint by an order entered in their records three qualified
electors of said district, to act as judges at such election, and the clerk
of the district shall notify them by mail of their appointment. If the
judges named are not present at the time for opening the polls, the elec-
tors present may appoint judges, and the judges so appointed shall desig-
nate one of their number to act as clerk. The voting must be by ballot,
without reference to the general election laws in regard to nominations,
form of ballot, or manner of voting, and the polls shall be open for such
length of time as the board of trustees may order; provided, that such
polls must be open from two p. m. to six p. m.
History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 989, R. C. M. 1921.
75-1606. (990) Election in districts of first class — nominations and con-
duct of elections. In districts of the first class, no person shall be voted for
or elected as trustee unless he has been nominated therefor at a bonafide
public meeting, held in the district not more than sixty (60) days nor less
than forty (40) days before the day of election, and at which at least twenty
(20) qualified electors were present, and a chairman and secretary were
elected, and a certificate of such nomination, setting forth the place where
the meeting was held, giving the names of the candidates in full, and if
there are different terms to be filled, the term for which such candidate was
nominated, duly certified by the chairman and secretary of such meeting,
shall be filed with the district clerk within ten (10) days after such public
meeting. The nomination and election of any person shall be void, unless
he was nominated at a meeting as above provided at which at least twenty
(20) qualified electors were present, and his nomination certified and filed
as aforesaid, and the board of trustees acting as a canvassing board shall
not count any votes cast for any person, unless he has been so nominated
and a certificate thereof filed as herein required. In the event there be held
only one (1) such public meeting, and only one (1) candidate be nominated
for each term to be filled then and in that event no election need be held and
the clerk of such district shall certify such facts to the board of trustees of
the district, acting as a board of canvassers who shall thereupon certify the
election of such persons to the county superintendent of schools.
History: En. Sec. 502, Oh. 76, L. 1913; Ch. 205, L. 1943; amd. Sec. 1, Ch. 130, L.
re-en. Sec. 990, R. C. M. 1921; amd. Sec. 1, 1945.
316
SCHOOLS 75-1611
NOTE. — This section, as it existed in as depriving electors of the right to ex-
1914, held in violation of Section 10, Arti- press free choice of school trustees. Opin-
cle XI and Section 11, Article IX and ions of Attorney General Vol. 5, p. 477.
Section 5, Article III of the Constitution,
75-1607. (991) Board of trustees to call election. The board of trustees
shall, at least thirty days before the annual election of school trustees, by an
order entered upon the minutes of their meeting, designate and establish
a suitable number of polling places and create an equal number of election
precincts to correspond, and define the boundaries thereof.
History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 991, R. C. M. 1921.
75-1608. (992) Same— notice of. The district clerk shall, at least fif-
teen days before the election in districts of the first class, give notice of the
election to be held in all such districts, by posting a notice thereof in three
public places in the district, and in incorporated cities and towns in each
ward, which notices must specify the time and place of election, the number
of trustees, and the terms for which they are to be elected, and the hours
during which the polls will be open. Whenever, in the judgment of the
board of trustees, the best interest of the district will be served by the
publication of such notices of election in some newspaper in the county,
they may, by an order entered on the minutes of their meeting, direct the
district clerk to publish the notice of election required to be given in
districts of the first class, in some newspaper in the county.
History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 992, R. C. M. 1921.
75-1609. (993) Hours of election. In districts of the first class the polls
must be opened at twelve o'clock (12:00) noon and kept open until eight
o'clock (8:00) p. m.
History: En. Sec. 6, p. 138, L. 1897; 502, Ch. 76, L. 1913; re-en. Sec. 993, R. C.
re-en- Sec. 855, Rev. C. 1907; amd. Sec. M. 1921; amd. Sec. 1, Oh. 135, L. 1947.
75-1610. (994) Judg'es. The board of district trustees shall, at least ten
days before the day of the annual election of trustees in any district of the
first class, appoint three qualified electors of the district for each polling
place established to act as judges of election, and the district clerk shall
notify such persons by mail of their appointment. Such judges shall
designate one of their number to act as clerk of such election. If the
judges appointed, or any of them, are not present at the time for the
opening of the polls, the electors present may appoint judges, who must
be qualified electors, to act in the place of those who are absent.
History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 994, R. C. M. 1921.
75-1611. (995) Ballots and method of voting. In districts of the first
Class, the ballot shall show the name or names of the candidates and the
length of time for which they are to be elected. These ballots shall be as
near as possible in the following form:
317
Y5.1612 ELECTION LAWS
For School Trustees:
For three (3) year term.
Vote for Three:
John Abner
"William Brown
Adam Smith
For one (1) year term,
George Davis
History: En. Sec. 9, p. 139, L. 1897; 502, Ch. 76, L. 1913; r&-en. Sec. 995, R. C.
re-en. Sec. 858, Rev. C. 1907; amd. Sec. M. 1921.
75-1612. (996) Poll and tally-list, certificate of judges and canvass of
votes. At every election held under this act, a poll-list shall be kept by the
judges and clerk at each polling-place, and immediately after the close
of the polls the judges shall count the ballots, and if there be more bal-
lots than votes cast the judges must draw by lot from the ballots, without
seeing them, sufficient number of ballots to make the ballots remaining
correspond with the number of votes cast. The clerk shall write down
in alphabetical order in a poll-book provided for that purpose the name
of every person voting at the time he deposits his ballot. There shall also
be provided a tally-list for each polling-place ; after the ballots have been
counted and made to agree with the poll-list the judges shall proceed to
count them. The clerk shall enter in the tally-list the name of every person
voted for as trustee, and the term, and tally opposite his name the number
of votes cast for him, and at the end thereof set down in a column provided
for that purpose the whole number of votes he received. The judges and
clerk shall sign a certificate to said tally-list, setting forth the whole number
of votes cast for each person or trustee, designating the term, and they shall
verify the same as being correct, to the best of their knowledge, before an
officer authorized to administer oaths. No informality in such certificate
shall vitiate the election, if the number of votes received for each person
can reasonably be ascertained from said tally-list. Said books and tally-lists
shall be returned to the board of trustees of the district, who shall
canvass the vote and cause the clerk of the district to issue a certificate' of
election to the person or persons elected, designating their term, a copy
of which must be forwarded to the county superintendent of schools. School
trustees are hereby authorized to administer oaths to judges of election.
Hi.<'tory: Ap. p. Sec. 1780, Pol. C. 1895; 860, Rev. C. 1907; amd. Sec. 502, Ch. 76,
amd. Sec. 11, p. 142, L. 1897; amd. Sec. L. 1913; re-en. Sec. 996, R. C. M. 1921.
75-1613. (997) Term of office— vacancy — oath of trustees. Trustees
elected shall take office immediately after qualifying, and shall hold office
for the term of three years except as elsewhere expressly provided herein,
and until their successors are elected or appointed and qualified.
The clerk of the district shall, at the time of issuing certificate of elec-
tion to a person elected as trustee, deliver to such person a blank oath of
office. Every trustee shall file his oath of office with the county superin-
tendent of schools within fifteen days of the receipt of the certificate of
election and blank oath of office from the clerk. Any trustee failing to
qualify as herein provided shall forfeit all rights to his office, and the
318
SCHOOLS 75-1617
county superintendent of schools shall appoint to fill the vacancy caused
thereby.
History: Ap. p. Sec. 1782, Pol. C. 1895; L. 1913; amd. Sec. 11, Ch. 196, L. 1919;
amd. Sec. 13, p. 143, L. 1897; Sees. 862 and re-en. Sec. 997, R. C. M. 1921.
1019, Rev. C. 1907; amd. Sec. 502, Ch. 76,
75-1614, (998) Vacancy in school board. A vacancy in the office shall
be filled by appointment by the county superintendent of schools; provided,
that in districts of the first and second class, such appointment shall be sub-
ject to confirmation by a majority of the remaining members of said board,
if those remaining constitute a majority of the total number of the board.
The trustee so appointed shall hold office until the next annual election,
at which election there shall be elected a school trustee for the unexpired
term. When any vacancy occurs in the office of trustee of any school
district by death, resignation, failure to elect at the proper time, removal
from the district, or other cause, the fact of such vacancy shall be imme-
diately certified to the county superintendent by the clerk of the school
district, and the county superintendent shall immediately appoint in writ-
ing, some competent person, who shall qualify and serve until the next an-
nual school election. The county superintendent shall at the time notify
the clerk of the school district of every such appointment ; provided, that
absence from the school district for sixty consecutive days, or failure to
attend three consecutive meetings of the board of trustees without good ex-
cuse, shall constitute a vacancy in the office of trustee.
History: Ap. p. Sec. 1782, Pol. C. 1895; L. 1913; amd. Sec. 11, Ch. 196, L 1919;
amd. Sec. 13, p. 143, L. 1897; Sees. 862 and re-en. Sec. 998, R. C. M. 1921.
1019, Rev. C. 1907; amd. Sec. 502, Ch. 76,
75-1615. (999) Trustees — how removed. Any school trustee may be
removed from office by a court of competent jurisdiction by law for removal
of elective civil officers; provided, however, that upon charges being pre-
ferred and good cause shown, the board of county commissioners may
suspend a trustee until such time as such charges can be heard in the
court having jurisdiction thereof.
History: En. Sec. 1982, Pol. C, 1895; 502, Ch. 76, L. 1913; re-en. Sec. 999, R. C.
re-en. Sec. 1021, Rev. C. 1907; re-en. Sec. M. 1921.
75-1616. (1000) Vacancy in office of clerk. Should the office of the
clerk of the school district become vacant, the board of school trustees shall
immediately fill such vacancy by appointment, and the chairman of the
board of school trustees shall immediately notify the county superintendent
of such appointment.
History: En. Sec. 1981, Pol. C. 1895; 502, Ch, 76, L. 1913; re-en. Sec. 1000,
re-en. Sec. 1020, Rev. C. 1907; re-en. Sec. R. C. M. 1921.
75-1617. (1001) Rearrangement of terms to prevent the election of a
majority of the trustees. When at any annual school election the terms of
a majority of the trustees regularly expire in districts of the first class,
three trustees, in districts of the second class, two trustees, in districts of
the third class, one trustee, shall be elected for three years, and the remain-
ing trustee or trustees whose terms expire shall hold over for one or two
years as may be necessary to prevent the terms of a majority of the board
319
75-1618 ELECTION LAWS
of trustees expiring in any one year; provided, that it shall be determined
by lot what trustee shall hold over, and for what term.
History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 1001, R. C. M. 1921.
75-1618. (1002) Qualifications of electors. Every citizen of the United
States of the age of twenty-one years or over who has resided in the state of
Montana for one year, and thirty days in the school district next preceding
the election, may vote thereat.
History: En. Sec. 1777, Pol. C. 1896; L. 1913; re-en. Sec, 1002, R. C. M. 1921;
amd. Sec. 8, p. 138, L. 1897; re-en. Sec. amd. Sec. 1, Ch. 83, L. 1939; amd. Sec. 1,
857, Rev. C. 1907; amd. Sec. 502, Ch. 76, Ch. 65, L. 1941.
75-1619. (1003) Challenges — oath of voters. Any person offering to
vote may be challenged by any elector of the district, and the judges must
thereupon administer to the person challenged an oath or affirmation in sub-
stance as follows :
You do solemnly swear (or affirm), that j'^ou are a citizen of the United
States; that you are twenty-one years of age; and that you have resided in
the State one year, and in this school district thirty days next preceding
his election, and that you have not voted this day, so help you God.
If he takes this oath or affirmation, his vote must be received ; otherwise
rejected. Any person who shall swear falsely before any such judge of
election shall be guilty of perjury, and shall be punished accordingly.
History: Ap. p. Sec. 1779, Pol. C. 1895; L. 1913; re-en. Sec. 1003, R. C. M. 1921;
amd. Sec. 10, p. 141, L. 1897; re-en. Sec. amd. Sec. 2, Ch. 83, L. 1939; amd. Sec. 2,
859, Rev. C. 1907; amd. Sec. 502, Ch. 76, Ch. 65, L. 1941.
75-1620. (1004) Expenses of election. All the expenses necessarily in-
curred in the matter of holding elections for school trustees shall be paid
out of the school funds of the district. Judges of election of districts of the
first and second class shall receive not to exceed three dollars per day each
for all services connected with the election.
History: Ap. p. Sec. 14, p. 145, L. 1897; Ch. 76, L. 1913; re-en. Sec. 1004, R. C. M.
re-en. Sec. 866, Rev. C. 1907; amd. Sec. 502, 1921.
75-1631. (1014) Call of special election. The board of trustees shall
have power to call a special election for the purpose of bonding the district
for the erection and furnishing buildings and purchase of school sites, and
for permission to .sell school property; provided, that in districts of the first
and second classes boards of trustees shall have power to change or select
school sites.
History: En. Sec. 507, Ch. 76, L. 1913;
re-en. Sec. 1014, R. C. M. 1921.
75-1632. (1015) Duties of trustees. Every school board unless other-
wise specially provided by law shall have power and it shall be its duty :
1 to 7. * * *
8. To purchase, acquire, sell and dispose of plots or parcels of land to
be used as sites for schoolhouses, school dormitories and other school build-
ings, and for other purposes in connection with the schools in the district;
to build, purchase or otherwise acquire schoolhouses, school dormitories and
other buildings necessary in the operation of schools of the district, and to
sell and dispose of the same ; provided, that they shall not build or remove
320
SCHOOLS 75-1723
schoolhouses or dormitories, nor purchase, sell or locate school sites unless
directed so to do by a majority of the electors of the district votin<; at
an election held in the district for that purpose, and such election shall be
conducted and votes canvassed in the same manner as at. the annua! election
of school officers, and notice thereof shall be given by the clerk by posting
three (3) notices in three (3) public places in the district at least ten (10)
days prior to such election, which notices shall specify the time, place, and
purpose of such election. Provided, further, that this subdivision shall not
be so construed as to prevent the board of trustees from purchasing one (1 )
or more options for a school site.
n to 24.
* # #
History: Enacted as Sec. 508, Ch. 76, Ch. 61, L. 1917; re-en. Sec. 1015, R. C. M.
L. 1913; Subds. 1-10 were amended by Sec. 1921; amd. Sec. 1, Ch. 122, L. 1923; amd.
1, Ch. 61, L. 1917; Subd. 11 amd. by Sec. Sec. 1, Ch. 122, L. 1931; amd. Sec. 1, Ch.
1, Ch. 61, L. 1917, and Sec. 13, Ch. 196, 165, L. 1937; amd. Sec. 1, Ch. 103, L.
L. 1919; Subds. 12-13-14 re-en. Sec. 1, Ch. 1943; amd. Sec. 3, Ch. 207, L. 1951; amd.
61, L. 1917; Subd. 15 was amd. by Sec. 1, Sec. 1, Ch. 233, L. 1953; amd. Sec. 1, Ch.
Ch. 61, L. 1917, and by Sec. 2, Ch. 81, L. 228, L. 1955; amd. Sec. 1, Ch. 168, L. 1959;
1917; Subds. 16-17-18 re-en. Sec. 1, Ch. 61, amd. Sec. 1, Ch. 105, L. 1961.
L. 1917; Subds. 19-20-21-22 re-en. Sec. 1,
CHAPTER 17
BUDGET SYSTEM
Section 75-1723. Fixing tax levy.
75-1723. (1019.19) Fixing- tax levy. The county superintendent of
schools, as clerk of the school budget board, shall, when the board of county
commissioners meet on the second Monday in August for the purpose of
fixing tax levies, lay before such board the elementary school budgets for
all school districts in the county, as finally adopted and approved by the
school budget board, and it shall be the duty of the county commissioners of
each county in the state to fix and levy a tax of five (5) mills on the dollar
of the taxable value of all school districts within the county, provided that
if a levy of less than five (5) mills will be sufficient to meet the approved
budget of any school district, then such lesser levy shall be made, but no
school district levying less than five (5) mills shall receive any apportion-
ment from the state public school equalization fund.
It shall further be the duty of the county commissioners of each county
in the state to fix and levy a tax for each school district in the county within
the limitations prescribed by this act in such number of mills as will pro-
duce the amount shown by the final budget to be raised by tax levy which
may also include a reserve fund, not to exceed thirty-five per cent (35%)
of the amount appropriated in the final and approved budget for the then
current school year, for the purpose of maintaining the elementary and high
school of the district from July 1 to November 30 of the next succeeding
year ; provided that such school district tax plus federal reimbursements
in lieu of taxes shall not, unless approved by a vote of the taxpaying
electors, exceed the rate of levy required to produce an amount equal to
the foundation program and the additions thereto, within the limitations
of thirty per cent (30%), hereinbefore specified, and provided, further,
that such last mentioned additional school district tax shall not, in any
event, exceed fifteen (15) mills unless the excess above said ten mill limita-
321
75-1802 ELECTION LAWS
tioii shall first have been authorized at an election held in accordance with
the general school laws pertaining to the voting of additional levies, save
and except that in any district wherein more than fifteen (15) mills is
required to reach the thirty per cent (30%) limit above the foundation
program, such increase above the fifteen (15) mill limit may be financed
by federal reimbursements in lieu of taxes without a vote of the taxpayers
up to the thirty per cent (30%) limit above the foundation program, if
the board of trustees of such district shall file with its final budget a certifi-
cate approved by the county superintendent of schools setting forth (a) the
federal and state requirements wliieh make such increase above the fifteen
(15) mills necessary and (b) the amount of the increase in excess of fifteen
(15) mills which is necessary to meet such federal and state requirements.
History: En. Sec. 19, Ch. 146, L. 1931; Ch. 208, L. 1951; amd. Sec. 1, Ch. 247, L.
amd. Sec. 10, Ch. 199, L. 1949; amd. Sec. 2, 1953.
CHAPTER 18
SCHOOL DISTEICTS
Section 75-1802. Classifications of districts — number of trustees.
75-1813. Consolidated districts — procedure in event of consolidation — bonded J
debts. '
75-1818. Dissolution of joint school districts.
75-1802. (1021) Classifications of districts — number of trustees. All
districts having a population of eight thousand (8000) or more shall be
districts of the first class. All districts having a population of one thousand
(1000) or more, and less than eight thousand (8,000) shall be districts of
the second class, and all districts having a population of less than one
thousand (1,000) shall be districts of the third class. In districts of the
first class the number of trustees shall be seven (7) ; in districts of the
second class the number of trustees shall be five (5), and in districts of the
third class the number of trustees shall be three (3).
Whenever the population of any school district shall increase beyond
or decrease below the number required as specified above for a certain
class of school district as determined by the federal census next preceding,
the county superintendent of schools shall declare such school district to
be changed to the proper class. The county superintendent of schools
shall take the necessary steps to provide that at the next school election
to elect the proper number of school trustees as designated above and
to fill all vacancies due to any change of classification. Provided however
that the provisions of this act shall not affect the terms of trustees hereto-
fore elected.
History: En. Sec. 401, Ch. 76, L. 1913;
re-en. Sec. 1021, R. C. M. 1921; amd. Sec.
1, Ch. 85, L. 1^3.
75-1813. (1034) Consolidated districts — procedure in event of consoli-
dation— bonded debts. (1) Any two or more school districts lying in one
county may be consolidated, either by the formation of a new district, or
by the annexation of one or more districts to an existing district, as here-
inafter provided.
322
SCHOOLS 75-1813
When severally the boards of trustees of two (2) or more school districts,
in regular meeting called for the publicly announced purpose of consider-
ing plans for consolidation of said two (2) or more districts and by majority
vote of each board of trustees acting separately shall ask for district con-
solidation of each and all such petitioning boards, the county superintend-
ent of schools having jurisdiction of such districts, within not less than
twenty (20) nor more than thirty (30) days, shall cause a ten (10) days'
posted notice to be given by the clerk in each district seeking election on
such proposed consolidation of districts. Such notice is to be posted in
three (3) public places in each such district and in one or more newspapers
of the district or county, if there be such, giving the time and place or
places specified in each notice to vote on the question of consolidation.
Consolidation of any two (2) or more school districts lying in one county
may also be effected by the people of the districts concerned whenever a
petition shall be directed to and received by the county superintendent
of schools, and shall in each such district seeking consolidation be signed by
not fewer than twenty per cent (20%) of the qualified electors in such
district. The county superintendent shall within not less than twenty (20),
nor more than thirty (30) days, cause a ten (10) days' posted notice to
be given by the clerk in each district seeking election on such proposed
consolidation of districts. Such notice is to be posted in three (3) public
places in each such district, and in one or more newspapers of the district
or county, if there be such, giving the time and place or places specified
in each notice to vote on the question of consolidation.
(2) The votes at such election shall be by ballot, which shall read "For
consolidation" or "Against consolidation." The presiding officer at such
election shall, within ten (10) days thereafter, certify the result of the
vote to the county superintendent of the county in which the district lies.
(3) If the majority of the votes cast in each district holding such elec-
tion be for consolidation, it carries, and the superintendent, within ten
(10) days thereafter, shall make proper orders to give effect to such
vote, and shall thereafter transmit a copy thereof to the county clerk and
recorder and to the clerk of each district affected. If the order be for the
formation of a new district, it shall specify the name and number of such
district, and the county superintendent shall appoint three (3) trustees
to serve until the first Saturday in April succeeding.
(4) At the regular election succeeding there shall be elected by the
regularly qualified electors three (3) trustees, one of whom shall serve for
one (1) year, one for two (2) years, and one for three (3) years. The
election of trustees and terms shall be the same as for other districts under
the general school laws,
(5) When, in the interest of reducing cost of operation or improving
the school service for pupils, a board of trustees, of a third class district,
shall by majority vote of its members or at the request of twenty per cent
(20%) of the qualified electors of the districts indicated by a petition, ask
the county superintendent of schools to annex the territory and property
of such third class district to any second or first class district in its entirety,
or proportionately to any number of first or second class districts as the
board resolution or petition requests, the county superintendent shall, upon
323
75-1818 ELECTION LAWS
an approving vote of the trustees of the district with which the annexation
is sought, authorize an election on such annexation within not less than
twent}' (20) nor more than thirty (30) days. Notice of such election shall
be given in the same manner and the same general plan for balloting shall
be utilized on the question of district annexation by the electors of the
petitioning district or districts as the case may be that is hereby authorized
for district consolidation.
(6) The ballot shall in this ease be "For annexation" and "xVgainst
annexation." .Should the action of the boards of trustees approving the
plan of annexation be approved by majority vote of electors of the district
or districts seeking election on the issue then the consolidation sought
shall be effected by the county superintendent of schools within ten (10)
days after such election. In the event of a disapproving vote by majority
of votes cast by either of such voting districts, the proposed annexation
shall fail.
(7) In case of annexation of any district or districts to any existing
district, as herein provided, the proper officers of the annexed districts,
within ten (10) days from the receipt of a copy of such order, shall turn
over to the proper officers of the district to which they are annexed, all
records, funds, and effects of such annexed district. In case of the forma-
tion of a new district, the proper officers of the discontinued districts in
like manner, within ten (10) days after the organization of the new district,
shall turn over the records, funds, and effects of such old districts to the
proper officers of the new districts.
(8) In case of consolidation of districts by annexation, the title to
school houses and sites of the separate districts shall vest in the new con-
solidated district. The officers of the first or second class district involved
shall continue to hold office under the consolidated district until the end
of the terms for which they were duly elected and their successors shall
be regularly elected as provided by law.
Consolidated school districts shall be governed by the general school
laws of the state.
(9) Bonded indebtedness of any district merged by consolidation or
annexation shall remain the indebtedness and obligation of the district
which originally incurred such bonded indebtedness and be paid by levies
imposed upon property therein.
History: En. Sec. 407, Ch. 76, L. 1913; 1951; amd. Sec. 1, Ch. 23, L. 1953. Cal.
re-en. Sec. 1034, R. C. M. 1921; amd. Sec. 1, Pol. C. Sec. 1577.
Ch. 201, L. 1943; amd. Sec. 1, Ch. 32, L.
75-1818. (1037.1) Dissolution of joint school districts. A joint school
district may be dissolved in the following manner:
Whenever the majority of the qualified electors residing in that portion
of a joint district situated in one county presents a petition to the county
superintendent of schools of the same county praj'ing for a dissolution of
the district and setting forth briefly the reason therefor, such county
superintendent shall immediately give notice thereof to all other county
superintendents of counties contributing territory to the joint district,
and shall within twenty (20) days from the date of the receipt of such
petition call an election and fix a date for the holding of same, and
324
SCHOOLS 75-3403
shall notify the clerk of the district to post three notices in the territory of
each county composing the district. Notices must be posted in tlie most
conspicuous places in the territory and must be posted at least fifteen
days preceding the election. Such notices must specify the purpose and
the date and hour when the polls will be opened and the place at which
the election will be held. Separate elections must be held in each portion
of the district lying in different counties on the same date and hour and
be conducted in the same manner as general school elections. Each county
superintendent of schools must appoint three judges of election for the
territory in his or her county and the result of the election must be certified
by the judges to their respective county superintendents. The county super-
intendents shall meet within five days after the election and determine the
total vote cast throughout the district. If a majority of all votes cast in
the district are for dissolution, the district must be dissolved ; or in the
event that two-thirds (2/3) of the votes cast in the territory of any county
favor dissolution the district may be dissolved as to such territory ; pro-
vided both superintendents of the counties affected are agreed that such
dissolution will not entail an undue hardship to either part of such joint
district, and that there is no good and sufficient reason why such dissolu-
tion should not be made. In case of the failure of a two-thirds (2/3) major-
ity in any portion of the district, as herein provided, or a failure of the
majority of the entire district to vote for dissolution, the district shall not
be dissolved and no election thereon can be held within three (3) years
thereafter. If dissolution carries it shall take effect at the end of the
current school year.
History: En. Sec. 1, Ch. 115, L, 1927.
CHAPTER 34
TRANSPORTATION OF PUPILS
Section 75-3403. School board may operate busses or contract for transportation of
pupils — school board may set up depreciation reserve for purchase
of replacement busses and two-way radios for school bus or busses.
75-3403. School board may operate busses or contract for transporta-
tion of pupils — school board may set up depreciation reserve for purchase
of replacement busses and two-way radios for school bus or busses. The
board of trustees shall have the power to purchase, or rent and provide for
the upkeep, care, operation, maintenance, insurance, for two-way radios
and for school busses ; or to contract and pay for the transportation of
eligible pupils, such contracts to run for terms not to exceed five (5)
years ; and provided further, that each district owning a school bus or
busses may levy a sufficient number of mills to create a reserve of not
to exceed twelve and one-half per cent (121/2%) per year of the original
cost of the bus or busses for which the reserve is created : said fund to be
kept separate and apart from all other funds, and to be used only for the
purchase of the bus or busses needed to replace the bus or busses and two-
way radios for which said reserve was created, unless authorized by a
majority of the votes cast by the qualified electors of the district at an
election called for that purpose. Provided, however, that school district
trustees may authorize as standard equipment, the installation of two-
325
I
75-3717 ELECTION LAWS
way radios in a school bus or busses operating in school districts where
weather and road conditions may constitute a hazard to the safety of the
school pupil passenjrers. The two-way radios may be operated on the
same frequency as that used by the Montana highway patrol and the
sheriff of the county, with their permission and the permission of the
federal communications commission wherein said school bus or busses
operate, or any frequency assigned for such operation by the commission.
History: En. Sec. 3, Ch. 152, L. 1941;
amd. Sec. 1, Ch. 163, L. 1951; amd. Sec. 1,
Ch. 52, L. 1955; amd. Sec. 1, Ch. 202, L.
1957.
CHAPTER 37
FINANCE
Section 75-3717. Building and furnishing fund.
75-3719. Transfer of funds — election.
75-3717. (1208) Building and furnishing fund. The county treasurers
of the several counties of this state shall transfer all moneys so paid into
said treasury as provided for in the preceding section or that may now
be in such treasury, derived from said source, to the school fund of the
school district in which said town is situated, which shall be paid out on the
order of the school trustees of such district as provided for in section
75-3718 ; and which said moneys shall be by said treasurer set apart as
a special fund for the purpose of building and furnishing schoolhouses, and
shall be used for such purpose alone, unless otherwise ordered, as provided
for in this chapter.
History: En. Sec. 1945, 5th Div. Comp. 2007, Ch. 76, L. 1913; re-en. Sec. 1208,
Stat. 1887; re-en. Sec. 1946, Pol. C. 1895; R. C. M. 1921.
re-en. Sec. 1000, Rev. C. 1907; amd. Sec.
75-3719, (1210) Transfer of funds — election. Said fund may be used
for general school purposes, if a majority of the qualified electors of such
district shall so elect, upon such question being duly submitted to them
at any regular or special election therefor.
History: Ap. p. Sec. 1947, 5th Div. Sec. 2009, Ch. 76, L. 1913; re-«n. Sec. 1210,
Comp. Stat. 1887; re-en. Sec. 1948, Pol. C. R. C. M, 1921.
1895; re-en. Sec. 1002, Rev. C. 1907; amd.
CHAPTER 38
EXTRA TAXATION FOR SCHOOL PURPOSES
Section 75-3801. District school taxes — election.
75-3802. Notice of election.
75-3803. Purposes of levy to be submitted — use of funds.
75-3804. Form and marking of ballot — conduct of election.
75-3805. Challenging voters — oath of elector — false swearing.
75-3801. (1219) District school taxes — election. (1) Whenever the
board of trustees of any school district shall deem it necessary to raise
money by taxation in excess of the levy required to meet its foundation
program and approved additions thereto within the limitations of thirty
per cent (30%) hereinbefore specified, for the purpose of maintaining the
schools of said district, or building, altering, repairing or enlarging any
326
SCHOOLS 75-3802
schoolhouse or houses of such district, for furnishing additional school
facilities for said district, or for any other purpose necessary for the proper
operation and maintenance of the schools of said district, said board of
trustees shall determine and fix the amount necessary and required for such
purpose or purposes in addition to the five (5) mill levy and the approved
addition to its foundation proj?ram hereinbefore provided for, and it shall
submit the question of an additional levy to raise said excess amount to the
qualified electors residing within the district who are taxpayers and whose
names appear upon the last completed assessment roll of the county for
state, county and school taxes, either at the regular annual election held in
said district, or at a special election called for that purpose by the board of
trustees of said district. Such election shall be called by resolution in the
same manner as provided for other school elections, and shall be held prior
to August first.
(2) Whenever the board of trustees of any district or county high
school shall deem it necessary to raise money by taxation in excess of the
levy required to meet its foundation program and approved additions
thereto within the limitation hereinbefore specified for the purpose of
maintaining the high schools of said district or the county high school,
or building, altering, repairing or enlarging any schoolhouse or houses of
such district or county high school, for furnishing additional school facili-
ties for said district, or county high school,- or for any other purpose neces-
sary for the proper operation and maintenance of the schools of said
district, or county high school, said board of trustees shall determine and
fix the amount necessary and required for such purpose or purposes in
addition to any other legal levies on the district, including the approved
addition to its foundation program hereinbefore provided for, and in the
case of the district high school it shall submit the question of an additional
levy to raise said amount to the qualified electors residing within the dis-
trict who are taxpayers and whose names appear upon the last completed
assessment roll of the county for state, county and school taxes, either
at the regular annual election held in said district or at a special election
called for that purpose by the board of trustees of said district. In the
case of the county high school the board shall submit the question of an
additional levy to raise said amount to the qualified electors residing within
the county, exclusive of those residing within any district maintaining
a district high school in the county, who are taxpayers and whose names
appear upon the last completed assessment roll of the county for state,
county and school taxes, either at the regular annual elections held in
said districts, or special elections called for that purpose by the board of
trustees of said county high school. Such election shall be called by
resolution in the same manner as provided for other school elections, and
shall be held prior to August first; and provided, further, that the provi-
sions of this act shall not prevent the voting of a special levy on a high
school district as provided for in chapter 130, Laws of 1949 (75-4609).
History: En. Sec. 1, Ch. 93. L. 1917; L. 1935; amd. Sec. 12, Ch. 199, L. 1949;
re-en. Sec. 1219, R. C. M, 1921; amd. Sec. amd. Sec. 1, Ch. 210, L. 1951; amd. Sec. 2,
1, Ch. 120, L. 1925; amd. Sec. 1, Ch. 144, Ch. 247, L. 1953.
75-3802. (1220) Notice of election. Where the question of making
such additional levy is so submitted, notice thereof shall be given by posting
327
75-3803 ELECTION LAWS
the same at each schoolhouse in said district, at least ten days before such
election, or by publication thereof for a like period before such election in
each newspaper published in said district, or by both such notice and
publication.
History: En. Sec. 2, Ch. 93, L. 1917;
re-en. Sec. 1220, R. C. M. 1921.
75-3803. (1221) Purposes of levy to be submitted — use of funds. In
submitting: such question there shall be specified the amount to be raised by
such additional tax levy and the approximate number of mills required to
raise such amount and the purpose for which the same is to be expended
and if authorized the money raised by such additional tax levy shall be used
for that specified purpose only; provided, that if any balance remains on
hand after the purpose for which said levy was made has been accom-
plished, said balance may, by the vote of the trustees of said district, be
transferred to any other fund of such district.
History: En. Sec. 3, Ch. 93, L. 1917;
re-en. Sec. 1221, B. C. M. 1921; amd. Sec.
2, Ch. 144, L. 1935.
75-3804. (1222) Form and marking of ballot — conduct of election.
The ballot furnished electors at said election shall have printed thereon
the following:: "Shall a levy be made in addition to the levies authorized
by law in such number of mills as may be necessary to raise the sum
of (state the amount to be raised by additional tax levy) for the purpose
of (insert the purpose for which the additional tax levy is made)?"
□ For an additional levy to raise the sum of (state the amount to be
raised by additional tax levy), and being approximately (give num-
ber) mills.
□ Against an additional tax levy to raise the sum of (state amount to be
raised by additional tax levy), and being approximately (give num-
ber) mills.
The voters shall mark the ballots in the same manner as ballots are
marked under the election laws of this state. The election shall be held,
votes canvassed and returns made as in other school elections. If the
majority voting on the question are in favor of such additional levy, the
board of trustees of said school district shall so certify to the board of
county commissioners of the county in which said school district is situ-
ated the amount authorized by such election to be raised by such addi-
tional levy and such board of county commissioners shall make such
additional levy in such number of mills as will raise such amount in the
same manner that the levy for special taxes in said district is made.
History: En. Sec. 4, Ch. 93, L. 1917; 3, Ch. 144, L. 1935; amd. Sec. 1, Ch. 281,
re-en. Sec. 1222, B. C. M. 1921; amd. Sec. L. 1959.
75-3805. (1223) Challenging voters — oath of elector— false swearing.
Any person offering to vote may be challenged by any elector of the district,
and the judges must thereupon administer to the person challenged an oath
or affirmation, in substance as follows :
"You do solemnly swear (or affirm) that you are a citizen of the United
States ; that you are twenty-one years of age ; that you have resided in this
State one year and in this school district thirty days next preceding this
328
SCHOOLS 75-3909
election; that you are a taxpayer on the last assessment roll from this
school district; and that you have not voted this day. So help you God."
Said oath shall be reduced to writing and signed by the person challenged
and sworn to before one of the judges of election. Said oath or affirmation
shall be returned with the ballots cast at such election. If the voter takes
oath or affirmation, his vote must be received ; otherwise, it will be rejected.
Any person who shall swear falsely before any such judge of election shall
be guilty of perjury, and shall be punished accordingly.
History: En. Sec. 5, Ch. 93, L. 1917; 2, Ch. 120, L. 1925; amd. Sec. 1, Ch. 31,
re-en. Sec. 1223, R. C. M. 1921; amd. Sec. L. 1941.
CHAPTER 39
BONDS
Section 75-3908. Petition and election required for bond issues for other purposes.
75-3909. Form, contents and proof of petition.
75-3910. Meeting of board of trustees to consider petition and calling of
election — notice of election — form,
75-3911. Preparation of ballots — form.
75-3912. Who entitled to vote — list of electors and precinct registers.
75-3913. Conduct of election — voting by absent electors.
75-3914. Percentage of electors required to authorize bond issue.
75-3915. Meeting of board of trustees to canvass election returns — resolution
for bond issue.
75-3916. Form of notice of sale of bonds.
75-3937. Signers required on petition for bond elections in school districts,
cities and towns and counties.
75-3938. Qualification of voters.
75-3908. (1224.8) Petition and election required for bond issues for
other purposes. School district bonds for any other purpose than those
stated in sections 75-3906 and 75-3907, shall not be issued unless authorized
at a duly called election at which the question of issuing such bonds was
submitted to the electors of the school district ; and no such election shall be
called unless there has been presented to the board of trustees a petition
asking that such election be held and such question be submitted, signed by
not less than twenty per centum (20%) of the qualified registered electors
residing within the school district, who are taxpayers upon property
therein and whose names appear on the last completed assessment roll for
state, county and school district taxes.
History: En. Sec. 8, Ch. 147, L. 1927.
75-3909. (1224.9) Form, contents and proof of petition. The petition
for the calling of an election to vote upon the question of issuing school dis-
trict bonds shall plainly state the purpose of the proposed bond issue and
shall estimate the amount of bonds necessary to be issued for such purpose
or purposes. "When the bonds sought to be issued are for two or more pur-
poses, the amount to be issued for each single purpose shall be separately
estimated in the petition. It may be in the form of one single petition or
consist of more than one petition, all being identical in form and fastened
together, after being circulated and signed, so as to form one petition before
being delivered to the county clerk as hereinafter provided. The school
district clerk or any one or more qualified electors of the school district
may circulate the petition or petitions, and the clerk or each elector cir-
329
75-3910 ELECTION LAWS
culating such petition shall subscribe or attach to each of the petitions,
circulated by him, an affidavit to the effect that the signatures are genuine
and that the signers knew the contents thereof at the time of signing the
same. The completed petition, before being presented to the board of school
trustees, shall be delivered to the county clerk and recorder of the county
in which the school district is situated, who shall examine the same and
shall endorse thereon or attach thereto his certificate, which certificate
shall set forth :
(a) The total number of persons who are registered electors and tax-
payers upon property within the school district whose names appear on the
last completed assessment roll for state, county and school district taxes.
(b) Which and how many of the persons whose names are subscribed
to the petition are possessed of all of these qualifications.
(c) Whether such qualified signers constitute more or less than twenty
per centum (20%) of such registered electors and taxpayers within the
district.
The county clerk and recorder shall promptly deliver or transmit such
petition, with his certificate endorsed thereon or attached thereto, to the
clerk of the board of school trustees of such district.
History: En. Sec. 9, Ch. 147, L. 1927.
75-3910. (1224.10) Meeting of board of trustees to consider petition
and calling of election — ^notice of election — form. Upon such petition being
received by the clerk of the school district, a meeting of the board of trus-
tees shall be called to consider the same. The board of trustees shall be the
judges of the sufficiency of the petition and the findings of such board
shall be conclusive against the school district in favor of the innocent holder
of bonds issued pursuant to the election called and held by reason of the
presentation of such petition. If it is found that the petition is in proper
form and bears the requisite number of signatures, the board shall pass and
adopt a resolution which shall recite the essential facts in regard to the
petition and its presentation, fix the exact amount of bonds proposed to b«
issued, which may be more or less than the amount estimated in the petition,
determine the number of years through which the bonds are to be paid,
fix the date of election, which shall not be less than twenty (20) days, nor
more than thirty (30) days after the date of the passage and adoption of
such resolution, appoint three electors of the district who are qualified to
vote at such election to act as judges of election, at each voting place and
direct the clerk to give notice of such election. The notice of election shall
designate one or more school houses in said school district as voting places
and be in substantially the following form :
NOTICE OF SCHOOL DISTRICT BOND ELECTION.
"Notice is hereby given by the undersigned clerk of School District No.
of County, State of Montana, that pursuant to a
certain resolution duly adopted at a meeting of the board of trustees of
said school district held on the day of , A. D.,
19 , an election of the registered qualified electors of School District
No of County, State of Montana, who are tax-
payers therein and whose names appear on the last completed assessment
roll for state, county and school district taxes prior to the holding of such
330
SCHOOLS 75-3911
election, will be held on the day of , A. D., 19 ,
at for the purpose of voting upon the question of whether
or not the board of school trusteed shall be authorized to issue and sell
bonds of said school district in the amount of dollars,
($ ), bearing interest at a rate not exceeding six per centum (6%)
per annum, payable semi-annually, for the purpose of (here
state purpose) The bonds to be issued will be either
amortization or serial bonds, and amortization bonds will be the first
choice of the board of trustees. The bonds to be issued, whether amortization
or serial bonds, will be payable in installments over a period of
(state number) years.
The polls will be open from o'clock ....m. and until o'clock ....m,
of the said day.
Dated and posted this day of , A. D., 19
Clerk of School District No
of County, State of Montana."
If the bonds proposed to be issued are for more than one purpose, then
each purpose shall be separately stated in the notice together with the pro-
posed amount of bonds therefor.
The school district clerk shall, not less than fifteen (15) days before the
day specified for such election, post notice of such election in not less than
three (3) public places within the district, and in incorporated cities and
towns at least one (1) notice must be posted at each voting place desig-
nated for such election.
In school districts of the first class the board of trustees must also cause
the notice to be published once a week for two (2) successive weeks in some
newspaper of general circulation in the district, if one be published therein,
in addition to such posting.
History: En. Sec. 10, Cli. 147, L. 1927;
amd. Sec. 4, Ch. 178, L. 1939.
75-3911. (1224.11) Preparation of ballots — form. The school district
clerk shall cause ballots to be prepared for all such bond elections, and
whenever bonds for more than one purpose are to be voted upon at the same
election, separate ballots shall be prepared for each purpose. All such ballots
shall be substantially in the following form :
OFFICIAL BALLOT
SCHOOL DISTRICT BOND ELECTION
INSTRUCTIONS TO VOTERS : Make an X or similar mark in the va-
cant square before the words "BONDS — YES" if you wish to vote for the
bond issue ; if you are opposed to the bond issue make an X or similar mark
in the square before the words "BONDS— NO."
Shall the board of trustees be authorized to issue and sell bonds of this
school district in the amount of dollars ($ ) bear-
ing interest at a rate not exceeding six per centum (6%) per annum, pay-
able, semi-annually, during a period not exceeding years, for the
331
75-3912 ELECTION LAWS
purpose of (here state the purpose the same way as in
tlie notice of election).
D BONDS— YES. /
D BONDS— NO. /
History: En. Sec. 11, Ch. 147, L. 1927;
amd. Sec. 5, Ch. 178, L. 1939.
75-3912. (1224.12) Who entitled to vote — list of electors and precinct
registers. In all school district bond elections hereafter held only quali-
fied registered electors residing within the district who are taxpayers
upon property therein and whose names appear upon the last completed
assessment roll for state, county and school district taxes, shall have the
right to vote, provided however, that no such elector, otherwise qualified
hereunder, shall be denied the right to vote by reason of the fact that the
polling place for a general election for the precinct wherein he resides
and is entitled to vote, lies within another School district. Upon the adop-
tion of the resolution calling for the election, the clerk of the school dis-
trict shall notify the county clerk of the date on which the election is to
be held, and qualified persons shall be allowed to register for such elec-
tion up till noon of the fifteenth (15) day prior to the date thereof. At
that time the registration books shall be closed for such election, but it
shall not be necessary to give any notice of such closing of the registration
books.
After the closing of the registration books for such election the
county clerk shall promptly prepare lists of the registered electors of
such district who are taxpayers upon property therein and whose names
appear on the last completed assessment roll for state, county and school
district taxes, and who are entitled to vote at such election, and shall
prepare precinct registers for such election, as provided in section 23-515,
and deliver the same to the school district clerk who shall deliver the
same to the judge prior to the opening of the polls. In school districts
of the first class it shall be the duty of the school district clerk to post
such lists in five (5) public and conspicuous places within the district at
least ten (10) days prior to the date of election. It shall not be necessary
to post such lists in districts of the second and third class. A charge of
five cents per name for the use and benefit of the county shall be made
by the county clerk for preparing such list and precinct registers.
History: En. Sec. 12, Ch. 147, L. 1927;
amd. Sec. 19, Ch. 64, L. 1969; amd. Sec.
1, Ch. 127, L. 1959.
75-3913. (1224.13) Conduct of election— voting by absent electors.
The bond election shall be conducted in the manner prescribed for the
election of school trustees and return shall be made and canvassed in a
similar manner. Any qualified elector entitled to vote at any school bond
election who is absent from the county or who is physically incapacitated
from attending the polling place at such election may vote thereat by
complying with the provisions of Chapter 13 of Title 23 of the Revised
Codes of Montana, 1947, as amended, except that the application of an
absentee or physically incapacitated person for ballot may be made at any
332
SCHOOLS 75-3916
time within fifteen (15) days next preceding such bond election.
The school district clerk whose duty it is to cause the ballots to be
prepared for the bond election shall furnish the county clerk with a supply
of ballots prior to the fifteenth day next preceding the election for the use
of the county clerk in furnishing ballots to applicants for absent voters'
ballots.
The county clerk shall deliver to the judges of election at the opening
of the polls all absent voters' ballots that he shall have received up to that
time from absent or physically incapacitated electors. The procedure set
out in Chapter 13 of Title 23 of the Revised Codes of Montana, 1947, as
amended, shall apph'- to the voting by absent electors with respect to school
bond elections.
History: En. Sec. 13, Ch. 147, L. 1927;
amd. Sec. 1, Cli. 203, L. 1955.
75-3914. (1224.14) Percentage of electors required to authorize bond
issue. Whenever the question of issuing bonds for any purpose is sub-
mitted to the qualified electors of a school district at either a general or
special school election not less than forty (40) per centum of the qualified
electors entitled to vote on such question at such election must vote thereon,
otherwise such question shall be deemed to have been rejected ; provided,
however, that if forty (40) per centum or more of such qualified electors
do vote on such question at such election and a majority of such votes shall
be cast in favor of such proposition, then such proposition shall be deemed
to have been approved and adopted.
History: En. Sec. 14, Ch. 147, L. 1927;
amd. Sec. 1, Ch. 40, L. 1935; amd. Sec. 1,
Ch. 7, L. 1937.
75-3915. (1224.15) Meeting of board of trustees to cajivass election re-
turns— resolution for bond issue. If such election shall authorize the
issuance of such bonds, the board of trustees shall within sixty (60) days
from the date of such election pass and adopt a resolution providing for
the issue of the bonds ; provided that such bonds may be issued in one or
more series or installments as the board may in such resolution direct. This
resolution shall recite the amount of bonds to be issued, the maximum rate
of interest, the purpose of the issue, the date they shall bear, and the period
of time through which they shall be paid, and providing the manner of
execution of same. It shall provide for giving preference to amortization
bonds, but shall fix the denomination of serial bonds in case it shall be
found necessary to issue bonds in that form, and shall direct the clerk
to give notice of the sale of the bonds.
History: En. Sec. 15, Ch. 147, L. 1927.
75-3916. (1224.16) Form of notice of sale of bonds. The notice of sale
shall state the purpose or purposes for which the bonds are to be issued and
the amount proposed to be issued for each purpose, and shall be substan-
tially in the following form :
333
75-3916 ELECTION LAWS
"NOTICE OP SALE OF SCHOOL DISTRICT BONDS.
Notice IS hereby given by the board of trustees of School District No
of County, State of Montana, that the said board of
trustees will on the day of , 19 , at the hour
of o'clock ...m. at , in the said school district, sell
to the highest and best bidder for cash, either amortization or serial bonds
of the said school district in the total amount of dollars,
($ ), for the purpose of
Amortization bonds will be the first choice and serial bonds will bo the
second choice of the said school board.
If amortization bonds are sold and issued, the entire issue may be put
into one single bond or divided into several bonds, as the said board of
trustees may determine upon at the time of sale, both principal and interest
to be payable in semi-annual installments during a period of years
from the date of issue.
If serial bonds are issued and sold they will be in the amount of
dollars, ($ ) each, except the first bond which will be in
the amount of dollars, ($ ) the sum of
dollars ($ ) of the said serial bonds will become payable
on the day of , 19 , and the sum of
dollars, ($ ) will become payable on the same day each
year thereafter until all of such bonds are paid.
The said bonds, whether amortization or serial bonds, will bear date of
, 19 , and will bear interest at a rate not exceeding six
per centum (6%) per annum, payable semi-annually, on the day
of (month) and
(month) in each year, and will be redeemable in full.
(Here insert optional provisions, if any. to be recited on the bonds.)
The said bonds will be sold for not less than their par value M-ith
accrued interest, and all bidders must state the lowest rate of interest at
which they will purchase the bonds at par. The board of trustees reserves
the right to reject any and all bids and to sell the said bonds at private sale.
All bids other than by or on behalf of the state board of land commis-
sioners must be accompanied by a certified check in the sum of
dollars, ($ ) payable to the order of the clerk, which will
be forfeited by the successful bidder in the event that he shall refuse to
purchase the said bonds.
All bids should be addressed to the undersigned clerk.
Chairman, School District No
of County.
Address :
ATTEST :
Clerk, School District No.
334
SCHOOLS 75-3938
of County.
Address: "
History: En. Sec. 16, Oh. 147, L. 1927;
amd. Sec. 6, Ch. 178, L. 1939.
75-3937. (1252) Signers required on petition for bond elections in
school districts, cities and towns and counties. No election for the i.ssuanee
of bonds of any school district, or of any town, or city, or county shall be
called except upon presentation of a petition therefor to the board of
school trustees, or to the town or city council, or to the board of county
commissioners, as the case may be, signed by at least twenty per cent of
the qualified registered electors who are taxpayers upon property within
said school district, town, city or county, and whose names appear on the
assessment-roll for the year next preceding such election, praying for the
calling of said election; provided that the board of county commissioners,
board of school trustees, town or city council, as the case may be, shall
determine as to the sufficiency of such petition, and the findings of such
governing body shall be conclusive against the municipality in favor of any
innocent holder of the bonds issued under and by virtue of authority con-
ferred by election provided by this act.
History: En. Sec. 1, Ch. 104, L. 1921;
re-en. Sec. 1252, R. C. M. 1921.
75-3938. (1253) Qualification of voters. In all elections hereafter held
for the issuance of bonds of any school district, town or city, only qualified
registered electors who are taxpayers upon property therein, and whose
names appear on the assessment-roll for the year next preceding such
election, shall be entitled to vote thereat ; provided, however, that no
such elector, otherwise qualified hereunder, shall be denied the right to
vote by reason of the fact that the polling place for a general election for
the precinct wherein he resides and is entitled to vote, lies within another
school district, town or city.
History: En. Sec. 2, Ch. 104, L. 1921; Sec. 1253, E. C. M. 1921; amd. Sec. 1, Ch.
amd. Sec. 1, Ch. 17, Ex. L. 1921; re-en. 79, L. 1959.
CHAPTER 41
HIGH SCHOOLS— COUNTY^UNIOR AND DISTRICT-
JOINT SCHOOL SYSTEMS
Section 75-4103. Board of trustees of county high schools.
75-4112. Bond issues, submission to electors of question.
75-4113. Duty of board of county commissioners.
75-4116. County bond issue for county and district high schools.
75-4120. Authority to abolish.
75-4121. Petition to be filed.
75-4122. Commissioners to submit question.
75-4123. Publication of notice.
75-4124. Further notice required — manner of holding election — ballots.
75-4125. Action by board of county commissioners when election favors abolish-
ing high school.
75-4126. When election favors retaining high school.
75-4147. Junior high schools— authority to establish in district having no ac-
credited high school.
75-4148. Petition — resolution of board — approval of superintendent of public
instruction.
75-4149. Submission of question. , • j
75-4150. Application and submission of question when bonds are to be issued.
335
75-4103 ELECTION LAWS
75-4151. Election.
75-4152. Duty of board if establishment of junior high school be approved.
75-4153. Issuance of bonds.
75-4103. (1262.3) Board of trustees of county high schools. Every
county high school shall be under the general supervision and control of
a board of trustees consisting of seven members, one of whom shall be
the county superintendent of schools of the county wherein such county
high school is located, and six of whom shall be appointed by the board
of county commissioners of the said county. Provided, however, whenever
the county commissioners receive a petition signed by fifteen per cent
of the qualified electors in the county high school district requesting the
election, the county commissioners of the county shall within not less than
thirty days nor more than sixty days thereafter, submit to the electors in
the county high school district the following question :
Shall the board of trustees of the county
high school district be elected?
□ For the election of trustees.
□ Against the election of trustees.
If a majority of all of the votes cast be in favor of electing a board of
trustees, then the provisions of sections 75-4104 and 75-4105 of the Re-
vised Codes of IMontana, 1947, shall no longer be applicable, but the fol-
lowing sections shall apply :
Four of the trustees to be elected shall come from the elementary
school district in which the county high school is located, and the county
commissioners and the county superintendent of schools shall immedi-
ately district the remaining portion of the county high school district
into three trustee districts, and each district shall be entitled to one mem-
ber on the county high school board.
The election of seven school trustees of the county high school shall
be held on the first Saturday in April of every year to fill the expired
terms of trustees, and the term of office of trustees after the first election
of the county high school board shall be for three years. However, at
the first election, four of the trustees elected shall be residents of the
elementary school district where the high school is situated and three
of the trustees elected shall be residents of the respective trustee districts
set up by the board of county commissioners and the county superintendent
of schools.
At the first election the four trustees elected from the elementary
school district where the high school is located shall cast lots to determine
which two shall hold office for one year, which one for two years and
which one for three years. The three trustees elected from the trustee
districts set up by the board of county commissioners and the county
superintendent of schools shall cast lots to determine which one shall hold
office for one year, which one for two years and which one for three years.
The procedures for calling and holding elections, and for the assumption
of office, for first class school districts, set forth in R. C. M. 1947, section
75-1607 through 75-1613, shall govern the elections provided for in this
act, the words "clerk of the district and county superintendent of schools"
being synonymous with "the county clerk and recorder" when the former
is used in the sections referred to, and the words "board of trustees" being
336
SCHOOLS 75-4112
synonymous with the words "county coinniissionors." if a majority of all
the votes cast be in favor of electinj? a board of trustees of the county
hiofh school. Upon the election and qualification for office as hereinbefore
set forth of all seven of the elected trustees, the county superintendent of
schools shall no longer be a member of the board of trustees.
Any twenty-five electors qualified to vote in the election, shall file with
the county clerk and recorder of the county, the nominations of as many
persons as are to be elected to the county hifrh school hoard at the elec-
tions herein provided for, at least twenty days preceding the election. The
county clerk and recorder shall cause the names to be printed on a ballot
not inconsistent with the provisions of the law relating to the election of
other candidates.
Every citizen of the United States of the age of twenty-one years or
over who has resided in the state of INlontana for one year, and thirty
days in the elementary school district or the trustee district as designated
above, next preceding the election, shall be eligible for the office of school
trustee and entitled to vote thereat.
Absence from the school district or trustee district for sixty consecu-
tive days, or failure to attend three consecutive meetings of the board of
trustees without good cause, shall constitute a vacancy in the office of
trustee. When a vacancy occurs in the county high school board from
any cause whatever, the fact shall be immediately certified by the secre-
tary of the high school board to the board of trustees of the high school
who shall immediately appoint, in writing, a qualified person, resident of
the school or trustee district where the vacancy occurs and who shall serve
until the next election as stated herein. At the next election, a new trustee
shall be elected to fill the unexpired portion of the vacated terra, from
the district in which the vacancy occurs.
History: En. Sec. 3, Ch. 148, L. 1931;
amd. Sec. 1, Ch. 278, L. 1959,
75-4112. (1262.12) Bond issues, submission to electors of question. If
in any county maintaining a county high school in which no district high
school is maintained not less than twenty per centum (20%) of the registered
voters who on the last completed assessment roll of the county were
assessed in their own names on real or personal property in the county shall
present to the board of trustees of the county high school a petition asking
that there be submitted the question whether bonds of the county shall be
issued for the purchase or erection of a high school building or buildings
and/or for the repairing, remodeling, or enlarging thereof, and/or for
the purchase of equipment thereof, and/or for the purchase, erection and/or
equipment of a high school dormitory or dormitories, or gymnasium, and/or
for the purchase of a suitable site or sites for such buildings, or any of
them, and/or to retire or refund any outstanding bonds issued for any of
the purposes foregoing, and if such petition shall specify therein the amount
of the bonds to be issued, and if the board of trustees of the county high
school shall upon the presentation to it of the said petition, approve the
same, and the issuance of bonds of the county to the amount therein men-
tioned and for the purpose or purposes therein specified, the secretary of
the said board shall forthwith in the name of the board of trustees request
the board of county commissioners of the county to submit without delay
337
75-4113 ELECTION LAWS
to the registered voters of such county the question whether bonds of the
county shall be issued and sold to the amount and for the purpose or
purposes in the petition set forth.
History: En. Sec. 12, Ch. 148, L. 1931.
75-4113. (1262.13) Duty of board of county commissioners. Imme-
diately upon the receipt of any such request it shall be the duty of the board
of county commissioners to submit such question to the registered and
qualified electors of the county in the manner otherwise provided by law
for the submission of the question of the issuance of other county bonds.
If a majority of the registered and qualified electors of the county, voting
upon the question so submitted, shall approve such issue, then the board
of county commissioners shall forthwith issue and market the bonds author-
ized as in the case of other county bonds.
History: En. Sec. 13, Ch. 148, L. 1931.
75-4116. (1262.15) County bond issue for county and district high
schools. In any county where a county high school and also one (1) or
more accredited district high schools are maintained bonds of the county
may likewise be issued in accordance with the provisions of this chapter
and for any of the purposes aforesaid, the proceeds of such issue to be
divided among the county high school and accredited district high school,
or schools of the county. The question submitted to the electors of the
county shall definitely state the amount which is to be allotted to the
county high school and the amount which is to be apportioned to or among
the accredited district high school, or schools; and in all such cases the
amount allotted to the county high school and the amount to be apportioned
among the accredited district high school or schools shall be computed
upon the basis of the taxable valuation of the county high school district,
and of all the accredited district high school districts of the county during
the year preceding the submission of the question of the bond issue ; pro-
vided, that in counties which have not been divided into high school dis-
tricts, the distribution shall be computed upon the basis of the taxable
valuation of the common school district in which the county high school is
located, and the taxable valuation of all the common school districts main-
taining district high schools in the county during the year preceding the
submission of the question of the bond issue provided, further, that
moneys apportioned to any high school district or common school district
under this act, exclusive of the county high school, shall not be expended
until the purpose for such expenditure has been approved by a vote of
the people of the district at an election conducted in the same manner
as the election to vote on extra taxes for school purposes.
History: En. Sec. 15, Ch. 148, L. 1931;
amd. Sec. 1, Ch. 233, L. 1955.
75-4120. (1262.19) Authority to abolish. Any county in which a county
high school has been established may abolish such county high school and
dispose of all property belonging thereto in the manner provided in this
chapter.
History: En. Sec. 19, Oh. 148, L. 1931.
338
b
SCHOOLS 75-4125
75-4121. (1262.20) Petition to he filed. Between the first day of July
and the first day of September in any year in which a general election is
held in the state of Montana twenty per centum (20%) or more, of the
qualified electors of any county maintaining a county high school who are
also assessed in their. own names on the assessment books of the county for
that year upon real or personal property may file their written petition with
the county clerk of the county praying that the county high school be
abolished.
History: En. Sec. 20, Ch. 148, L. 1931.
75-4122. (1262.21) Commissioners to submit question. At the first
regular monthly meeting of the board of county commissioners of the
county immediately following such filing the petition shall be called to
the attention of the board by the county clerk; and the board shall imme-
diately direct the submission to the registered voters of the county at the
ensuing general election for that year of the question whether the county
high school of the county shall be abolished.
History: En. Sec. 21, Ch. 148, L. 1931.
75-4123. (1262.22) Publication of notice. The county clerk of the
county shall publish a notice of the filing and purpose of the said petition
and that the question of abolishing the county high school in the county will
be submitted at the ensuing general election, at least once a week for four
successive weeks in some newspaper of general circulation published in the
county, and, if there be none, in such newspaper as the board of county
commissioners may designate, the first publication of such notice to be
made between September 1 and September 15 of the said year.
History: En. Sec. 22, Ch. 148, L. 1931.
75-4124. (1262.23) Further notice required — maimer of holding election
— ballots. Further notice of the submission of the question shall be given,
and such question shall be submitted to the registered voters of the county
at the ensuing general election in November, and the votes cast thereon
canvassed and returns thereof made in the manner provided by law for the
election of county officers at that election, subject, however, to the following
special requirements:
The votes for or against the abolishment of the county high school shall
be cast by ballot which shall be in substantially the following form :
□ For the abolishment of the county high school.
□ Against the abolishment of the county high school.
An elector may vote for abolishing the county high school by placing
an "X" in the square immediately before the words "For the abolishment
of the county high school" ; and a ballot so marked and cast shall be
counted in favor of abolishing the county high school. An elector may vote
against the abolishment of the county high school by placing an "X" in the
square immediately preceding the words "Against the abolishment of the
county high school" ; and a ballot so marked and cast shall be counted
against abolishing the county high school.
History: En. Sec. 23, Ch. 148, L. 1931.
75-4125. (1262.24) Action by board of county commissioners when
election favors abolishing high school. If a majority of all the votes cast
339
75-4126 ELECTION LAWS
at such general election upon the question of the abolishment of the county
high school shall be in favor of abolishing the same the board of county com-
missioners of the county at its first regular meeting in December following
shall make and enter at large upon its minutes an abstract of the votes so
cast and a resolution that in accordance therewith on and after July 1st of
the year immediately following the county high school of the county shall
be, and is thereby abolished.
History: En. Sec. 24, Cli. 148, L. 1931.
75-4126. (1262.25) When election favors retaining^ high school. But if
a majority of all the votes cast at such election shall be against the abolish-
ment of the county high school a similar abstract of the votes shall in like
manner be entered by the board of county commissioners at large upon their
minutes at its December meeting aforesaid ; and no further submission of the
question of abolishing the county high school shall be had in that county
for at least four years thereafter, provided that if an election against the
abolishment of the county high school has been had within any county
within two years prior to the enactment of this statute, that the question
shall not again be re-submitted for at least four years after the date that
this act becomes effective.
History: En. Sec. 25, Ch. 148, L. 1931.
75-4147. (1262.45) Junior high schools — authority to establish in dis-
trict having no accredited high school. The board of trustees of any school
district where no accredited high school is already established and main-
tained may establish one or more junior high schools in the district at any
time' in accordance with the sections immediately following and provide
therefor quarters, buildings, building sites, equipment and a teaching force.
History: En. Sec. 45, Ch. 148, L. 1931.
75-4148. (1262.46) Petition — resolution of board — approval of super-
intendent of public instruction. Whenever the board of trustees of any
school district which has no accredited high school, already established,
shall receive a petition in writing from twenty per centum (20%), or
more, of the registered voters of the district requesting that a junior high
school or junior high schools be established, or shall itself resolve by
resolution spread upon the minutes of the board that the establishment
of a junior high school or junior high schools is in the best interests of
the district, an application shall forthwith be made by the said board of
trustees to the superintendent of public instruction, setting forth therein
such facts and information as it may require and requesting its approval of
the establishment of the junior high school or junior high schools in
question.
History: En. Sec. 46, Ch. 148, L. 1931.
75-4149. (1262.47) Submission of question. If the establishment of
a junior high school or junior high schools is approved by the superin-
tendent of public instruction, the board of trustees of the school district
shall immediately submit to the registered voters of the district the question
whether a junior high school, or if the establishment of more than one
340
SCHOOLS 75-4153
such junior high seliool be contemplattHl, whether junior high sehools shall
be established in such district.
History: En. Sec. 47, Ch. 148, L. 1931.
75-4150. (1262.48) Application and submission of question when bonds
aj*e to be issued. If it is necessary for the district to issue bonds to provide
quarters, buildings, building sites, and/or equipment for the proposed
junior high school or junior high schools the application for the approval
of the superintendent of public instruction, shall set forth the facts pertinent
to such issue and the amount of bonds required for the purposes mentioned,
or any of them. And in any such case if the establishment of the junior
high school or junior high schools be approved by the superintendent of
public instruction the question submitted by the board of trustees to 'the
registered voters of the district shall be whether a junior high school, or,
if the establishment of more than one junior high school be contemplated,
whether junior high schools shall be established in the district and bonds
in a specified amount issued to provide quarters, buildings, building sites
and equipment, or for any one or more such purposes.
History: En. Sec. 48, Ch. 148, L. 1931.
75-4151. (1262.49) Election. The qualified electors of the district shall
be entitled to vote upon any question submitted to them in accordance with
this chapter at an election called, noticed, held, canvassed and returned
in the manner provided by law for the submission in such district of the
question of a bond issue for the purpose of building, enlarging, altering or
acquiring by purchase a school house, of furnishing and equipping the
same, and of purchasing the necessary lands therefor.
History: En. Sec. 49, Ch. 148, L. 1931.
75-4152. (1262.50) Duty of board if establishment of junior high school
be approved. If a majority of the votes east at any such election be in
favor of the establishment of a junior high school or junior high schools the
board of trustees of the district shall immediately establish and open
the school or schools so authorized.
History: En. Sec. 50, Ch. 148, L. 1931.
75-4153. (1262.51) Issuance of bonds. If the issuance of bonds as
specified in any question submitted be approved the board of trustees shall
thereafter issue and market the bonds of the district within the limits of the
amount specified in the question and in the same manner and pursuant
to the provisions and limitations of law otherwise applicable in the case
of the issuance of district bonds for the purpose of building, enlarging,
repairing or acquiring by purchase a school house, in the said district,
or furnishing and equipping the same, and of purchasing the necessary
lands therefor.
History: En. Sec. 51, Ch. 148, L. 1931.
CHAPTER 42
HIGH SCHOOLS— COUNTY-JUNIOR AND DISTRICT— JOINT SCHOOL
SYSTEMS CONTINUED— VOCATIONAL EDUCATION
Section 75-4201. Junior high schools — how established where district high school is
already established.
75-4231. General powers and duties of boards of trustees.
341
75-4201 ELECTION LAWS
75-4201. (1262.52) Junior high schools — how established where district
high school is already established. The board of trustees of any school
district wherein an accredited high school is already established may, by
resolution and in compliance with the rules and regulations of the superin-
tendent of public instruction reorganize tb': school system of the district to
provide for a junior high school or junior high schools as a part of such
system, without submitting the question to the qualified electors of the
district. But nothing herein contained shall be construed to authorize
any such board of trustees to issue bonds of the district or to incur indebted-
ness or to proceed in the establishment of a junior high school or junior
high schools other than in accordance with its general powers elsewhere
defined.
History: En. Sec. 52, Ch. 148, L. 1931.
75-4231. (1262.83) General powers and duties of boards of trustees.
The board of tru&tees of every county high school and of every school
district maintaining a district high school shall have the power, and it shall
be its duty:
1 • • •
2. (a) At its discretion as restricted by law to purchase, or otherwise
acquire, real estate to be used as a site or sites for a high school, high
school dormitories, high school gymnasiums, and other high school build-
ings, or for any proper high school purposes, and to sell and to dispose of
the same ; at its discretion as restricted by law to build, purchase, or other-
wise acquire, a high school building, high school dormitories, high school
gymnasiums, and other buildings necessary for the high school, and to
sell, move and dispose of the same; at its discretion as restricted by law
to lease or contract with the board of trustees of any school district, or
with any person, for suitable buildings or quarters to be used for any high
school purposes or as a high school dormitory or gymnasium, and for
such term not exceeding three (3) years as the board may deem for the
best interests of the high school ; at its discretion as restricted by law to
purchase, or otherwise acquire, all necessary and appropriate equipment
and supplies for the conduct, operation and administration of the high
school, including high school dormitories and gymnasiums; at its discre-
tion as restricted by law to make all contracts and to do all things neces-
sary to carry out or execute all or any of the powers herein specified and
conferred upon the board ; provided, all boards of trustees of county high
schools, or districts maintaining high schools, shall be prohibited from
letting any contracts for building, furnishing, repairing or other work
for the benefit of the school, or purchasing supplies for said school, where
the amount involved is one thousand two hundred fifty dollars ($1,250.00)
or more, without first advertising in a newspaper published in the county
for at least two (2) weeks, calling for bids to perform such work, and the
board shall award the contract to the lowest responsible bidder; provided
further, that the board of trustees shall have the right to reject any or all
bids; provided that these provisions shall not apply in case of extreme
emergencies.
(b) But the board shall exercise no power whatsoever conferred upon
it by this subdivision 2 whereby obligations are assumed or an indebted-
342
SCHOOLS 75-4231
ness created in excess of the funds on hand, belonging to the high school,
and not otherwise appropriated, or available to the board from the collec-
tion of taxes actually levied for the current year, or from the sale of bonds
already authorized ; and the power of the board to purchase, or otherwise
acquire, or to sell, or dispose of, a site or sites for a high school, high
school dormitories, high school gymnasiums, or other high school build-
ings, or for any proper high school purpose, or to build, purchase, or
otherwise acquire, a high school building, high school dormitories, high
school gjTnnasiums, or other buildings necessary for the high school or
to sell, move or dispose of the same, shall be exercised only at the direction
of a majority of the qualified electors of the county in the case of a county
high school, or of the district in the case of a district high school, voting
at an election to be called by the board, and otherwise noticed, conducted,
canvassed and returned in the same manner as the annual election of
school trustees in school districts of the first class.
(c) Provided, however, that where a site or sites for a high school,
high school dormitories, high school gymnasiums or other high school
buildings or for any other proper high school purposes is contiguous to a
site upon which there exists a high school building erected and in use for
high school purposes, the board may purchase or otherwise acquire such
contiguous site or sites without calling for a vote of the qualified electors
of the county, in the case of a county high school, or the district, in the
case of a district high school, and upon the making of such a purchase of,
or otherwise acquiring, such site or sites, the board may enter into a con-
tract or obligation providing for the purchase of said site or sites by de-
ferred payments and may incur indebtedness for the whole or any part of
said purchase price and shall not be restricted in the terms of said contract
or the amount of said purchase price except that the amount of the in-
debtedness incurred shall not exceed ten thousand dollars ($10,000.00) as
to principal and interest ; provided further, hoAvever, that before making
any such purchase the board shall duly pass a resolution declaring such
lands to be purchased necessary for school purposes of said district, and
provide for the purchase thereof; provided further, that notice of the
meeting at which said resolution is to be considered for final adoption
and of the proposed passage of said resolution shall be given as provided by
law for notices of election of trustees, at which meeting the electors of
said district shall have the right to be present and to protest the passage
of said resolution.
(d) If at the hearing on such resolution protests against the adoption
of the same shall be made and the board of trustees shall adopt the same
over such protests, the resolution shall not become effective for fifteen
(15) days after the date of its adoption, during which time any taxpayer
or taxpayers may appeal to the district court by filing with the clerk of
such court a verified petition, a copy of which shall theretofore have been
served upon the clerk or secretary of the board of trustees. Said petition
shall set forth in detail the objections of the petitioners to the adoption of
such resolution or to the purchase of the property as provided for in said
resolution. The service and filing of said petition shall operate to stay
such resolution until final determination of the matter by the court. Upon
the filing of such petition the court shall immediately fix a time for hear-
343
75-4401 ELECTION LAWS
ing the same which shall be at the earliest convenient time. At such hear-
ing the court shall hear the matter de novo and may take such testimony
as it deems necessary. Its proceedings shall be summary and informal
and its determination shall be final,
3 to 15. * * *
History: En. Sec. 83, Ch. 148, L. 1931; Ch. 106, L. 1951; amd. Sec. 1, Ch. 43, L.
amd. Sec. 1, Ch. 207, L. 1939; amd. Sec. 2, 1955.
CHAPTER 44
JXnsriOR COLLEGES— ESTABLISHMENT BY COUNTY OR
DISTRICT HIGH SCHOOL BOARDS
Section 75-4401. Definition of terms.
75-4402. Method of establishment.
75-4403. Approval of superintendent of public instruction.
75-4404. Election.
75-4405. Establishment of junior college upon approval of electors.
75-4401. Definition of terms. The word "superintendent" as used in
this act shall mean the superintendent of a district high school and the
word "principal" as used in this act, means the principal of a county high
school organized under the laws of the state of Montana. A "junior college"
is hereby defined to be a public school established as provided in this act,
in connection with accredited high schools for the purpose of providing one
or more two year courses beyond those of the four year high school.
History: En. Sec. 1, Ch. 158, L. 1939.
75-4402. Method of establishment. County high school boards or dis-
trict high school boards operating accredited schools shall have authority
to establish and maintain in such schools in the manner provided in this
act, a department of junior college work, to consist of not more than two
years work beyond the four year high school course. "Whenever a county
high school board or a district high school board operating an accredited
high school shall receive a petition in writing signed by not less than twenty-
five per cent of the registered voters of the county, in case the petition be
filed with the county high school board, or by not less than twenty-five per
cent of the registered voters of the school district in case such petition is
filed with a district school board, requesting the establishment in such school
of a department of junior college work, the board shall spread said peti-
tion upon its minutes. If said petition is found by the board to be signed
by the requisite number of qualified voters, as disclosed by the registration
lists for the last preceding election, the board shall not later than its
next regular meeting, communicate to the state superintendent of public
instruction the fact of the filing of such petition together with such pertinent
facts and information as the board may have regarding the desirability of
establishing such junior college department, together Avith the recommenda-
tions of the board relative to said matter. The board may also on its own
initiative, and without the filing of any petition, adopt and spread upon its
minutes a resolution requesting the establishment of such junior college and
shall submit the same to the state superintendent of public instruction for
his approval.
History: En. Sec. 2, Ch. 158, L. 1939.
344
SCHOOLS 75-4405
75-4403. Approval of superintendent of public instruction. The .state
superintendent of public instruction shall consider all such petitions sub-
mitted by county or district high school boards and may, if he deem it ad-
visable, conduct an independent investigation with a view to determining
the desirability of granting such petition. If the superintendent of public
instruction shall approve of the granting of such petition, he shall notify the
county or district high school boards of his approval of the petition. The
count}^ or district high school board shall thereupon submit to the registered
voters of the county or district the question whether or not a junior college
shall be established in their said county or district high school.
History: En. Sec. 3, Ch. 158, L. 1939.
75-4404. Election. In any election held under the terms of this act,
all qualified voters of the county or district shall be entitled to vote. All
such elections shall be called, noticed, held, canvassed and returned in the
manner provided by law for the submission in such county or school district
of the question of a bond issue for the purpose of building, enlarging, alter-
ing or acquiring by purchase a school house and the purchase of necessary
lands therefor.
History: En. Sec. 4, Ch. 158, L. 1939.
75-4405. Establishment of junior college upon approval of electors. If
a majority of the votes cast at any election provided for in this act be
in favor of the establishment of a junior college, the county or district
high school board shall proceed to establish such junior college in the
following manner : Not later than September first of the first year in which
such junior college is proposed to be established, the county or district
high school board shall apply to the superintendent of public instruction
for permission to open such junior college, and shall accompany such appli-
cation with a full statement of the curricula to be maintained and an
application on behalf of the high school to be classified as a junior college.
If the state superintendent of public instruction approves the application,
he shall so notify the state board of education, which shall finally approve
or disapprove of the establishment of such proposed junior college, and
shall promptly notify the county or district high school board of its action.
Upon receiving the final approval of the state board of education, the
county or district high school boards shall have authority to proceed with
the establishment and operation of such junior college. County high school
boards or district high school boards may suspend the operation of a
junior college, when established in the district or county, or may abolish
a junior college when such board deems such discontinuance or abolish-
ment to be for the best interests of the pupils and community. The above
action may be taken by the high school board upon its own volition or
after a petition has been presented to it signed by twenty per cent (20%)
of the qualified electors of the district ; provided, however, that the matter
of discontinuance for one or more years, or of abolition of the junior
college, shall be put to a vote of the qualified electors of the district when
so requested in a petition signed by twenty-five per cent (25%) of such
electors.
History: En. Sec. 5, Ch. 158, L. 1939;
amd. Sec. 1, Oh. 173, I*. 1953.
345
75-4516.1 ELECTION LAWS
CHAPTER 45
HIGH SCHOOL BUDGET ACT
Section 75-4516.1. Levy of taxes.
75-4516.1. Levy of taxes. It shall be the duty of the county com-
missioners of each county in the state to levy an annual special tax for
high schools of ten (10) mills on the dollar of the taxable value of all
taxable property within the county, which levy shall be made at the time
and in the manner provided by law for the levying of taxes for county
purposes and which tax shall be collected by the county treasurer at the
same time and in the same manner as state and county taxes are collected ;
provided that if a levy of less than ten (10) mills should be sufficient to
meet the total of the approved budgets of all school districts within the
county, then such lesser levy shall be made, but no high school within
a county levying less than ten (10) mills for high school purposes shall
receive any apportionment from the state public school equalization fund.
If the revenues for the operation and maintenance of any high school,
including the amount apportionable from said ten (10) mill special tax
for high schools, shall be less than the foundation program of such high
school and the approved additions thereto included in its budget, within
the limitations hereinbefore specified, it shall be the further duty of the
board of county commissioners to fix and levy a tax, in such number of
mills as will produce the amount shown by the final lyudget to be raised
by tax levy plus federal reimbursements in lieu of taxes, which tax shall, in
the case of a county high school not located within a building district, be
levied upon all property in the county, excepting the property of any
district supporting a district high school, and shall, in the case of a county
high school located within a high school building district, be levied upon all
property in such building district and which tax shall, in the case of a
district high school not located within a building district, be levied upon
all property within the school district, and shall, in the case of a district
high school located within a building district, be levied upon all property
in such building district, provided, however, that such last mentioned
additional tax shall not, in any event, exceed ten (10) mills unless the
excess above said ten-mill limitation shall first have been authorized at
an election held in accordance with the general school laws pertaining
to the voting of additional levies, save and except that in any district
wherein more than ten (10) mills is required to reach the permissive per-
centage limits, as set out in section 75-4518.1, above the foundation pro-
gram, such increase above the ten (10) mill limit may be financed by
federal reimbursements in lieu of taxes without a vote of the taxpayers
up to the above mentioned percentage limits above the foundation program.
History: En. Sec. 15, Ch. 199, L. 1949; ch. 202, L. 1953; amd. Sec. 1, Ch. 246,
amd. Sec. 4, Ch. 208, L. 1951; amd. Sec. 1, L. 1961.
CHAPTER 46
HIGH SCHOOL DISTRICTS— PUBLIC WOEKS
Section 75-4601. High school trustees may undertake public works program — addi-
tional trustees — division of taxable valuation — commencement of
proceedings.
75-4602. Commission may divide county into high school districts.
346
SCHOOLS 75-4601
75-4607. Alteration of boundaries — re-division — limitation.
75-4609. Special tax levy — election.
75-4610. Notice and conduct of election.
75-4611. Approval of tax — other special levies not submitted.
75-4601. Hig-h school trustees may undertake public works program —
additional trustees — division of taxable valuation — commencement of pro-
ceedings. In any county having; a high school the l)oard of trustees of
the county high school, if there be one, and the boards of trustees of any
school districts maintaining district high schools, are hereby designated
as the boards of trustees of the respective high school districts established
under this act, provided that additional members may be elected to the
board of trustees of districts maintaining district high schools in the
number and manner as follows : When a majority of the boards of the
common school districts in the high school district so request. Such re-
quests shall be directed to the county superintendent of schools, who shall
proceed as directed in this act.
The taxable valuation of the district in which the high school is lo-
cated shall be divided by the number of trustees on the high school board.
In the case of a first class district this number shall be seven (7), for a
second class district five (5), and for a third class district three (3). This
figure obtained shall then be divided into the remaining valuation of the
high school district, and the resulting number, to the closest whole num-
ber, shall be the number of additional board members to be elected ; pro-
vided, that the number of these additional board members shall not ex-
ceed four (4) in districts of the first and second class or two (2) in dis-
tricts of the third class.
(a) The additional members elected to the board of trustees of dis-
tricts maintaining high schools shall be elected at a meeting of the trustees
of all of the boards of trustees of the common school districts included
within the boundaries of the high school district, which meeting shall be
held on the fourth Saturday in April beginning with the year 1951.
The members so elected shall hold office for a term of three (3) years and
such meetings and elections shall be held every third year after the first
meeting. The state superintendent of public instruction shall make all
necessary rules and regulations for the conduct of said meeting and it
shall be the duty of the county superintendent of schools to give written
notice of the meetings by registered mail to each trustee not less than
seven (7) days before such meeting. The additional trustees elected shall
be elected from the trustees of the common school districts included within
the high school district with the exception of the membership of the board
of trustees of the school districts maintaining high schools.
(b) The additional members elected to the board of trustees of dis-
tricts maintaining high schools, shall take office immediately after qualify-
ing and shall participate on an equal basis with other members in all
business transacted by the board of trustees pertaining to the high school
maintained by said districts. Said additional elected members shall be
entitled to vote on the selection of the district superintendent of schools.
To effectuate the purpose of this act, the board of trustees of any
high school district, as herein provided for, is hereby authorized to under-
take a program of public works in the construction, improvement or
repair of buildings, furnishing and equipping the same and purchasing
347
75-4602 ELECTION LAWS
the necessary land therefor, for the use of any or all high schools in such
high school district, and to accept funds from the United States, its
instrumentalities or any of its agencies in aid of any one or more of such
purposes. Such proceedings may be commenced by resolution upon the
part of such board of trustees of such high school district of its own motion
and without any petition being filed therefor, such proceedings may also
be commenced on petition of thirty per cent (30%) of the qualified electors
of the high school district. Upon presentation of this petition to the high
school district board of trustees, the latter shall, within sixty (60) days
take steps to present the matter asked for in the petition to a vote of the
people of the high school district.
History: En. Sec. 1, Ch. 275, L. 1947; Ch. 67, L. 1957; amd. Sec. 1, Ch. 167, L.
amd. Sec. 1, Ch. 188, L. 1951; amd. Sec. 1, 1959.
75-4602. Commission may divide county into high school districts.
In all counties having a high school, or high schools, a commission con-
sisting of the county commissioners and the county superintendent of
schools shall at the request of any high school board of trustees in the
county, divide the entire county into and establish one (1) or more high
school districts for the purpose of this act, after hearing; provided, that
each high school district so formed must have one (1) or more operating,
accredited high schools within its boundaries; provided, further, that both
parts of a joint district maintaining a high school may be considered as
maintaining an operating high school, and as such each part of the joint
district may, together with one (1) or more adjacent common school dis-
tricts whose pupils attend the high school in the joint district, be set
aside as a high school district. Provided, that, such resulting high school
district in the county where the joint district high school is not located,
shall be responsible for its share of the joint district high school budgets
as is arrived at by following the procedure outlined in section 6 [75-4534]
of this act, and shall also be considered as a single high school district
with the high school district of the joint district, wherein the high school
is located for purposes of bonding as provided in sections 75-4601 to 75-4605,
Revised Codes of Montana, 1947, as amended by chapter 188, Laws of
1951, and also for purposes of selecting additional trustees as provided
for in section 75-4601, Revised Codes of Montana, 1947, as amended by
chapter 188, Laws of 1951. That the commission shall fix the time, date
and place, and at such time, date and place hold a public hearing of the
requested division of the county into high school districts, at which hear-
ing any interested person may appear and be heard concerning the re-
quested division. Written notice of such hearing shall be mailed by the
county superintendent of schools to the chairman of each and every board
of trustees of each and every school district in the county, and the chair-
man of the board of trustees of the county high school, stating the time,
date and place of such public hearing, and shall be mailed not less than
two (2) weeks preceding the date fixed for such hearing. The certificate
of the county superintendent of schools filed with the commission reciting
that said notices were mailed shall be conclusive.
The boundaries established by said commission shall be subject to the
approval of the superintendent of public instruction.
If any high school district shall cease to have within its borders an
348
SCHOOLS 75-4607
operating, accredited hi<;h school, then it shall bo the duty of the county
superintendent of schools to consolidate and annex the common school
districts comprising said high school district to one or more operating
high school districts within a period of six (6) months after one (1) year
of being declared non-operating or non-accredited; provided, that before
said county superintendent of schools may declare such a consolidation
and annexation, he shall give the board of trustees of each of the common
school districts within said high school district proposed to be consolidated
and annexed twenty (20) days' notice of his intention so to do.
In creating such districts the commission shall give primary considera-
tion to the factor of convenience of the patrons of the several schools.
Common school districts may be grouped for the purpose of this act and
when practicable high school districts shall be made up of contiguous and
adjacent common school districts but the commission must take into
consideration the existence or non-existence of obstacles of travel, such
as mountains and rivers and existence or non-existence of highways and
distances to high school. No common school districts shall be divided for
the purpose of this act but must be made a part of a high school district
in its entirety, unless such division is approved and authorized by the
voters of the common school district involved, at a special election held
for that purpose and such division shall be on the basis of equal area, or
as near thereto as practicable in relation to the geographical features of
such district, provided that the entire portion of a joint school district
within the county shall be included within a high school district, provided
further that in the event twenty per cent (20%) of the voters of a com-
mon school district be dissatisfied with the proposed action of said com-
mission in dividing into and establishing high school districts, or in the
proposed action of the county superintendent in consolidating and annex-
ing a common school district theretofore constituting a part of a high school
district to an existing high school district, and shall within thirty (30) days
after the giving of the notice heretofore required, file their written protest
with said county superintendent, then said common school district or dis-
tricts shall be by said county superintendent, or by said commission as
the case may be, directed to hold a special election for the purpose of de-
termining which high school district said district shall be annexed to or
into which high school district said district shall be divided as hereinbefore
provided, and the said superintendent or commission, as the case may be,
shall be governed by the result of said election.
History: En. Sec. 2, Ch. 275, L. 1947; 1, Ch. 237, L. 1953; amd. Sec. 1, Ch. 236,
amd. Sec. 2, Ch. 188, L. 1951; amd. Sec. L. 1955; amd. Sec. 9, Ch. 151, L. 1961.
75-4607. Alteration of boundaries — re-division — limitation. In any
count}^ which has been divided into high school building districts, at the
request of any high school board of trustees, the commission, provided for
in section 75-4602, may, in accord with the procedure provided in said
section, alter the boundaries of said districts or re-divide the county into
a different number of high school districts, provided that such alteration or
re-division may not be done within three (3) years from the original
division or the last alteration of boundaries and last re-division.
History: En. Sec. 1, Ch. 130, L. 1949;
amd. Sec. 1, Ch. 120, L. 1953.
349
«
75-4609 ELECTION LAWS
75-4609. Special tax levy — election. Whenever the board of trus-
tees of the local school district within which the high school is situated
shall deem it necessary to raise money for high school purposes in addi-
tion to its revenues from county and state apportionments, a meeting of
the board of trustees of the high school district shall be called and held
to consider the calling of an election to vote upon the question of approving
a special levy for high school purposes. If a majority of the board of
trustees, as provided in section 75-4601, Revised Codes of Montana, 1947,
as amended by section 1, chapter 167. Session Laws of JSIontana, 1959, of
the high school district attending such meeting shall determine that the
proposed expenditures are necessary for the purposes of, altering, repair-
ing or enlarging any high school or high schools of said district or for
proper maintenance and operation of the high schools of said district or
for acquisition of land for high school purposes, said trustees of the high
school district shall ascertain and determine the number of mills required
to be raised by special levy, and shall call an election for the purpose of
submitting the question of making such additional levy to the qualified
electors who are taxpayers upon property within the high school district,
and if approved by a majority vote of all the taxpayers voting at such
election, the result of said election shall be certified to the board of county
commissioners, and the levy approved by such majority vote shall be made
upon all property within said high school district.
History: En. Sec. 3, Ch. 130, L. 1949; 1, Ch. 147, L. 1959; amd. Sec. 1, Ch. 163,
amd. Sec. 1, Ch. 120, L. 1953; amd. Sec. L. 1961.
75-4610. Notice and conduct of election. Notice of such election shall
be given and said election shall be held and conducted in all respects
in the manner provided by sections 75-3802, 75-3803, 75-3804, 75-3805. Said
election shall be conducted by judges and clerks of election appointed by
the high school board of trustees from the residents of each respective
common school district within the high school district in which the board
determines what polling places shall be provided ; provided that convenience
to voters shall be a determining factor in selecting these polling places.
History: En. Sec. 4, Ch. 130, L. 1949;
amd. Sec. 1. Ch. 120, L. 1953.
75-4611. Approval of tax — other special levies not submitted. In the
event such additional levy is approved by a majority vote of all of the tax-
payers voting at said election, no other special tax for the operation and
maintenance of the high school may in the same year be submitted to a vote
of the taxpayers within the local school district wherein such high school
is situated.
History: En. Sec. 5, Ch. 130, L, 1949;
amd. Sec. 1, Ch. 120, L. 1953.
TITLE 82
STATE OFFICERS, BOARDS AND DEPARTMENTS
J
CHAPTER 5
CLERK AND ATTENDANT OF SUPREME COURT
Section 82-501. Election and term of office.
350
TAXATION 84-4706
~ 82-501. (370) Election and term of office. There must be a clerk of
the supreme court, who must be elected by the electors at large of the state,
and hold his office for the term of six years from the first Monday of Janu-
ary next succeeding his election, except that the clerk first elected under
the constitution holds his office only until the general election in the year
one thousand eight hundred and ninety-two, and until his successor is
elected and qualified.
History: En. Sec. 870, Pol. C. 1895; re-
en. Sec. 299, Rev. C. 1907; re-en. Sec. 370,
R. C. M. 1921. Cal. Pol. C. Sees. 749-758.
TITLE 84
TAXATION
CHAPTER 47
CITIES AND TOWNS— TAXATION AND LICENSE
Section 84-4704. Expenditures from special fund, when — purpose — approval of electors,
when.
84-4706. Cities and towns may rai^e money by taxation in excess of levy now
permitted, how.
84-4707. Notice of election.
84-4708. Submission of question to state object of levy — use of funds — balance.
84-4709. Separate ballots when levy for more than one purpose — form of ballot
and marking — conduct of election.
84-4710. Eegistration of electors.
84-4711. Qualifications for voting on creation or increasing municipal or school
indebtedness.
84-4704. Expenditures from special fund, when — purpose — approval of
electors, when. No expenditures for any purpose- whatever shall be made
from such special street fund until after April 1, 1947. The city or town
council or commission of any city or town having such fund may there-
after provide for the expenditure thereof for the purpose of constructing,
improving, repairing and maintaining the public streets, avenues, alleys,
and ways of the city or town ; provided that no expenditure in excess of
ten thousand dollars ($10,000.00) for any single purpose as defined in sec-
tion 16-2009, shall be made from such fund without the approval of a ma-
jority of the electors of the city or town voting on the question of such
expenditure at an election to be provided by law.
History: En. Sec. 3, Ch. 172, L. 1945;
amd. Sec. 1, Ch. 107, L. 1947.
84-4706. (5195) Cities and towns may raise money by taxation in ex-
cess of levy now permitted, how. Whenever the council of any city or
town shall deem it necessary to raise money by taxation, in excess of the
levy now allowed by law, for any purpose for which said city or town is
authorized to expend moneys raised by taxation in said city or town, it
shall submit the question of such additional levy to the legal voters of such
city or town who are tax-paying freeholders therein, either at the regular
annual election held in said city or town, or at a special election called for
351
84-4707 ELECTION LAWS
that purpose by the council of such city or town; provided, however, that
such additional levy shall not exceed five mills.
History: En. Sec. 1, Ch. 12, L. 1919; Cross-Reference
re-en. Sec. 5195, R. C. M. 1921. Constitutional provisions, see Const., Art.
XIII, Sec. 6.
84-4707. (5196) Notice of election. Where the question of making such
additional levy is so submitted, notice thereof shall be given by publication
for at least thirty days prior to such election in every newspaper published
in said city or town, and by posting a like notice for the same period of
time in a public place in each ward of said city or toAvn.
History: En. Sec. 2, Ch. 12, L. 1919;
re-en. Sec. 5196, R. C. M. 1921.
84-4708. (5197) Submission of question to state object of levy — use of
funds — balance. The submission of said question shall expressly provide
for what purpose such additional levy is to be made, and, if authorized,
the money raised for such additional levy shall be used for that specific
purpose only ; provided, that if any balance remain on hand after the pur-
pose for which said levy was made has been accomplished, such balance
may, by vote of the council, be transferred to any other fund of said city
or town.
History: En. Sec. 3, Ch. 12, L. 1919;
re-en. Sec. 5197, R. C. M. 1921.
84-4709. (5198) Separate ballots when levy for more than one purpose
— form of ballot and marking — conduct of election. If at any time it is
desired to submit the question of additional levies for more than one pur-
pose, such propositions shall be submitted on separate ballots, each of wliich
ballots shall be in substantially the following form : Shall the city (or town)
council be authorized to make a levy of (here insert the number) mills
taxes in addition to the regular levy now authorized by law for the purpose
of (here insert the purpose for which the additional levy is to be made.)
D
Against Additional Levy
D
For Additional Levy.
The voters shall mark the ballot or ballots in the same manner as other
ballots are marked under the election laws of this state. The election shall
be held and the votes canvassed and returned as in other city or town elec-
tions. If the majority voting on the question are in favor of such additional
levy or levies, the city or town council shall so certify, and such additional
levy or levies of taxes shall be made by the city or town council for that
year.
History: En. Sec. 4, Ch. 12, L. 1919;
re-en. Sec. 5198, R. C. M. 1921.
84-4710. (5199) Registration of electors. The council may provide by
ordinance for the registration of qualified electors who are tax-paying free-
352
WATERS AND IRRIGATION 89-1302
holders in such city or town, and no person shall be entitled to register or
vote at such election who is not iiuch tax-paying freeholder and qualilied
elector.
History: En. Sec. 5, Cli. 12, L. 1919;
re-en. Sec. 5199, R. C. M. 1921.
84-4711. (5199.1) Qualifications for voting on creation or increasing
municipal or school indebtedness. That from and after the pa.ssagc and
approval of this act, only such registered electors of the city, town, school
district, or other municipal corporation whose names appear upon the last
preceding assessment roll shall be entitled to vote upon any proposal to
create or increase any indebtedness of city, town, school district or other
municipal corporation, required by law to be submitted to a vote of the
electors thereof; provided however, that no such elector, otherwise quali-
fied hereunder, shall be denied the right to vote by reason of the fact that
the polling place for a general election for the precinct wherein he resides
and is entitled to vote, lies within another city, town, school district or
other municipal corporation.
History: En. Sec. 1, Ch. 98, L. 1923;
amd. Sec. 1, Ch. 47, L. 1929; amd. Sec.
1, Ch. 126, L. 1959.
TITLE 89
WATERS AND IRRIGATION
CHAPTER 13
IRRIGATION DISTRICTS— BOARD OF COMMISSIONERS, POWERS, DUTIES
AND ELECTIONS
Section 89-1302. Creation of election precincts — change in divisions and election pre-
cincts.
89-1303. First election of commissioners — regular election — term of office.
89-1304. Vacancies among commissioners, Iiow filled.
89-1305. Notice of election and appointment of election officers.
89-1306. Oaths of election officers.
89-1307. Hours of election.
89-1308. Conduct of election.
89-1309. Canvass.
89-1310. Statement of result of election.
89-1311. Qualification of electors — -voting rights, how determined.
89-1312. Nominations.
89-1313. Special elections.
89-1302. (7175) Creation of election precincts — change in divisions and
election precincts. The board of commissioners shall, within six months
after the organization of the district, divide the district into one or more
election precincts.
Said board, when they deem it advisable for the best interests of the
district and the convenience of the electors thereof, may, at any time, but
not less than thirty days before any election to be held in the district,
change the boundaries of the divisions and election precincts of the district ;
provided, that such action of the board, to be effective, shall be approved
by the district court ; and provided, also, that in making such changes the
several divisions of the district shall be kept as nearly equal in area and
population as practicable.
353
89-1303 ELECTION LAWS
Such division into election precincts, and such change of boundaries of
the divisions or election precincts, shall be made by resolution or order of
the board, to be recorded in the minutes of the board, together with the
order of the district court approving the same, and certified copy of the
same shall be filed in the office of the county clerk and recorder in each
county in which any of the lands of the district are situated.
History: En. Sec. 10, Ch. 146, L. 1909;
re-en. Sec. 7175, R. C. M. 1921.
89-1303. (7176) First election of commissioners — regular election —
term of office. The regular election for commissioners in each district shall
be held annually on the first Saturday in April of each year ; and on the
third Saturday in April following their election the commissioners shall
meet and organize as a board by electing a president from their number and
a secretary, who may or may not be a commissioner, and who shall each hold
office during the pleasure of the board. The term of office of each commis-
sioner shall begin on the third Saturday in April after the regular election
and shall continue for three years and until the election and qualification of
his successor. Commissioners are elected by the electors of the entire dis-
trict. At the regular election for commissioners held in April, 1921, there
shall be elected one commissioner for the first division of each district who
shall hold his office for the term of one year, one commissioner for the
second division of each district who shall hold his office for the term of two
years, and one commissioner for the third division of each district who shall
hold his office for the term of three years ; and if there be five divisions in
a district one commissioner shall be elected for the fourth division who shall
hold his office for two years, and one commissioner shall be elected for the
fifth division who shall hold his office for three years; and if there be
seven divisions in a district one commissioner shall be elected for the sixth
division who shall hold his office for two years, and one commissioner shall
be elected for the seventh division who shall hold his office for three years ;
provided, however, that this act shall not be construed to extend the term
of any commissioner heretofore elected or appointed in any district.
History: En. Sec. 11, Ch. 146, L. 1909; Ch. 3, L, 1921; amd. Sec. 1, Ch. 7, Ex. L.
amd. Sec. 4, Ch. 153, L. 1917; amd. Sec. 1, 1921; re-en. Sec. 7176, R. C. M. 1921.
89-1304. (7177) Vacancies among- commissioners, how filled. In case
of a vacancy in the board of commissioners, from any cause, such vacancy
shall be filled for the remainder of the term by appointment by the judge
of the district court of the county in which the division or major portion
thereof is situated. The appointee shall be an owner of land within the
district and shall be a resident of the county in which the division of the
district, or some portion thereof for which such commissioner so elected,
is situated, and shall hold office until his successor is elected and qualified.
History: En. Sec. 12, Ch. 146, L. 1909;
re-«n. Sec. 7177, R. C. M. 1921; amd. Sec.
5, Ch. 157, L. 1923.
89-1305. (7178) Notice of election and appointment of election officers.
Fifteen days before any election held under this act, the secretary of the
board of commissioners shall post notices in three public places in each
election precinct, of the time and places of holding the election, and shall
354
WATERS AND IRRIGATION 89-1308
also post a notice of the same in the office of said board. Prior to the
time for posting notices, the board, by a resolution or order entered on
their records, shall desiprnate the house or place within each precinct where
the election shall be held, and shall appoint for each precinct, from the
electors thereof, three judj^es, who shall constitute a board of election for
such precinct. Said judges shall appoint one of their number to act as
clerk. If the board fail to appoint a board of election, or the members
appointed do not attend at the opening of the polls on the morning of
election, the electors of the precinct present at that hour may appoint the
board, or supply the place of an absent member thereof. The board shall
prescribe the forms, and provide for the printing and distribution of the
ballots for all elections held under this act.
History: En. Sec. 13, Ch. 146, L. 1909;
re-en. Sec. 7178, E. C. M. 1921.
89-1306. (7179) Oaths of election oflBcers. The judges may admin-
ister all oaths required in the progress of an election, and appoint judges
and clerks, if, during the progress of election, any judge or clerk shall
cease to act. Any member of the board of election may administer and
certify oaths required to be administered during the progress of an elec-
tion. Before opening the polls, each member of the board must take and
subscribe an oath faithfully to perfo^rm the duties imposed upon him by
law. Any elector of the precinct may administer and certify any such oath.
History: En. Sec. 14, Ch. 146, L. 1909;
re-en. Sec. 7179, R. C. M. 1921.
89-1307. (7180) Hours of election. The polls shall be opened at one
o'clock P. M., and be kept open until six o'clock P. M., when the same shall
be closed.
History: En. Sec. 15, Ch. 146, L. 1909;
re-en. Sec. 7180, R. C. M. 1921; amd. Sec.
1, Ch. 164, L. 1947.
89-1308. (7181) Conduct of election. Voting may commence as soon
as the polls are opened and may continue during all the time the polls
remain opened, and such election shall be conducted, except as herein
otherwise provided, as nearly as practicable in accordance with the pro-
visions of the general election laws of this state, except that no registra-
tion shall be required. As soon as all the votes are counted, a certificate
shall be drawn upon each of the papers containing the poll-list and tallies,
or attached thereto, stating the number of votes cast for each candidate
or for each proposition, and designating the office or proposition voted for,
which number shall be written , in figures and in words at full length.
Each certificate shall be signed by the clerk and judges. One of said cer-
tificates, with the poll-list and tally-paper to which it is attached, shall be
retained by one of the judges, and preserved by him at least six months.
The ballots shall be strung upon a cord or thread by the judge during
the counting thereof, in the order in which they were entered upon the
tally-list by the clerk; and said ballots, together with the other of said
certificates, with the poll-list and tally-paper to which it is attached, shall
be sealed by the judges and clerk, and indorsed, "Election returns of
(naming the precinct) precinct," and be directed to the secretary of the
355
89-1309 ELECTION LAWS
board of commissioners of said district, and shall be immediately delivered
by the judges, or some other safe and responsible carrier designated by
said judges, to said secretary, and the ballots shall be kept by the board
of commissioners in the same manner as ballots in other elections.
History: En. Sec. 16, Ch. 146, L. 1909;
re-en. Sec. 7181, R. C. M. 1921.
89-1309. (7182) Canvass. No list, tally-paper, or certificate returned
from an}' election shall be set aside or rejected merely for want of form,
if it can be satisfactorily' understood. The board of commissioners of the
district shall meet on the first Monday after the election to canvass the
returns. If, at the time of the meeting, the returns from each precinct
in the district in which the polls were openecT have been received, the
board shall then and there proceed to canvass the returns thereof; but
if all the returns have not been received, the canvass shall be postponed
from day to day until all the returns have been received. The canvass
must be made in public. The board shall declare elected the person receiv-
ing the highest number of votes so returned for each office, and also declare
the result of the vote on any question submitted.
History: En. Sec. 17, Ch. 146, L. 1909;
re-en. Sec. 7182, R. C. M. 1921.
89-1310. (7183) Statement of result of election. The secretary of the
board of commissioners shall, as soon as the result of any election held
under the provisions of this chapter is declared, enter in the records of
such board, and file with the county clerk of the county in which the office
of said district is located, a statement of such results, which statement
must show :
1. A copy of the election notice and proof of posting the same;
2. The names of the judges and clerks of said election ;
3. The whole number of votes cast in the district, and in each precinct
of the district;
4. The names of the persons voted for ;
5. The office to fill which each person was voted for;
6. The number of votes given in each precinct for each of such persons ;
7. The number of votes given in the district for each of such persons ;
8. The names of the persons declared elected ;
f). The proposition or propositions submitted, the vote for and against
each, and the result of the vote thereon.
The secretary shall immediately make out and deliver to each person
elected a certificate of election, signed by him and authenticated with the
seal of the district.
History: En. Sec. 18, Ch, 146, L. 1909;
re-en. Sec. 7183, R. C. M. 1921.
89-1311. (7184) Qualification of electors — voting rights, how deter-
mined. At all elections held under the provisions of this act, except as
herein otherwise expressly provided, the following holders of title, or
evidence of title, to lands within the district, herein designated electors,
shall be entitled to vote :
1. All persons having the qualifications of electors under the constitu-
tion and general and school laws of the state;
356
WATERS AND IRRIGATION 89-1312
2. Guardians, executors, administrators, and trustees residiup: in the
state ;
3. Domestic corporations, by their duly organized agents.
In all elections held under this act, each elector shall be permitted
to cast one vote for each forty acres of irrigable land, or major fraction
thereof, owned by such elector within the district, irrespective of the
location of such irrigable lands within the tracts designated by the com-
missioners for assessment and taxation purposes, or within congressional
subdivisions, platted lots or blocks, except as hereinafter provided for,
election precincts or district divisions, but any elector owning any less
than fort}^ acres of irrigable land shall be entitled to one vote. Until
actual determination of the irrigable area under the plan of reclamation
proposed is had, all land included within the boundaries of the district
shall be deemed to be irrigable land for election purposes.
Where land is owned by co-owners, said owners may designate one
of their number, or an agent, to cast the vote for said owners, and one
vote only for each forty acres of irrigable land, or major fraction thereof,
shall be cast by said co-owner or agent. Where land is under contract
of sale to a purchaser residing within the state, such purchaser may vote
on behalf of the owner of said land. When voting, the agent of a corpora-
tion, or of co-owners, or the co-owner designated for purpose of voting,
or the purchaser of land under contract of sale, as the case may be, shall
file with the secretary of the district, or with the election officials, a
written instrument of his authority, executed and acknowledged by the
proper officers of said corporation, or by said co-owners, or by the owner
of such land under contract of sale, as the case may be, and thereupon
such agent or co-owner, or purchaser, as the case may be, shall be deemed
an elector within the meaning of this act. Where the total irrigable acre-
age within any one district has been platted or subdivided into lots or
blocks to the extent of five per cent (5%) or more of the total acreage
of the district, each elector shall be permitted to cast one vote for each
one acre of irrigable land or major fraction thereof owned by such elector
within the district, irrespective of the location of such irrigable lands
within the tracts designated by the commissioners for the assessment
and taxation purposes or within the congressional subdivisions, but any
elector owning any less than one acre of irrigable land within said district
shall be entitled to one vote. The balloting shall take place in the fol-
lowing manner: Ten (10) votes or less, separate ballots will be used;
more than ten (10) votes, the elector shall vote in blocks of ten using
one ballot for each ten votes and separate ballots for odd votes over
multiples of ten. The election shall otherwise conform with the provisions
set out in section 89-1308 of this chapter. It shall be the duty of the
chairman of the commissioners, or such commissioner as he may delegate,
to determine before each election whether the provisions of this paragraph
are in force or whether the provisions heretofore set out shall apply.
History: En. Sec. 19, Ch. 146, L. 1909; 6, Ch. 157, L. 1923; amd. Sec. 1, Ch. 164,
re-en. Sec. 7184, R. C. M. 1921; amd. Sec. L. 1953.
89-1312. (7185) Nominations. Candidates for the office of commis-
sioner to be filled by election under the provisions of this act may be
357
89-1313 ELECTION LAWS
nominated by petition filed with the secretary of the board of commis-
sioners of the district at least ten days prior to said election, and signed
by not less than five electors of the district; such petition shall specify
the respective divisions for which such nominees, respectively, are candi-
dates; and the names of all candidates for each division of the district
shall be printed on the same ballot.
If no nominations are made, the electors of the district shall write
on the ballots the names of the persons for whom they desire to vote for
commissioners ; provided, nothing herein contained shall prevent an elector
from voting for any qualified person, although the name does not appear
upon the official ballots.
History: En. Sec. 20, Ch. 146, L. 1909;
re-en. Sec. 7185, R. C. M. 1921.
89-1313. (7186) Special elections. The board of commissioners may
at any time call a special election, and submit to the qualified electors
of the district any question which under the provisions of this act is re-
quired, or which, in the judgment of the board, is proper to be submitted
to popular vote. Such election shall be called, noticed, and conducted,
and the result thereof determined and declared, in the manner provided
in this act relative to general district elections ; provided, however, that
the notice thereof shall, in addition to being posted, also be published
at least once, not less than ten days prior to the date of the election, in
some newspaper published in the county in which the office of the board
of commissioners of the district is located.
History: En. Sec. 21, Ch. 146, L. 1909;
re-en. Sec. 7186, B. C. M. 1921.
CHAPTER 23
DEAINAGE DISTRICTS— COMMISSIONERS— ELECTION— ORGANIZATION—
REPORTS
Section 89-2301. Term of commissioners.
89-2302. Election of commissioners — terms of office.
89-2303. Notice of election.
89-2304. Manner of conducting election.
89-2305. Qualifications of electors.
89-2306. Nomination of commissioners — voting.
89-2301. (7282) Term of commissioners. On the creation of a district
the commissioners appointed by the judge or court shall hold office until
the first Tuesday in May following their appointment, and until their
successors are elected. When a district is in existence on the date when
this act takes effect and thereafter and order is made dividing such district
into divisions the terms of office of such commissioners shall cease with the
Monday immediately preceding the first Tuesday in May next following.
History: En. Sec. 18, Ch. 129, L. 1921;
re-en. Sec. 7282, R. C. M. 1921; amd. Sec.
2, Ch. 50, L. 1925.
89-2302. (7283) Election of commissioners — terms of office. The regu-
lar election of commissioners shall be held annually on the first Tuesday in
April of each year; the term of office of commissioners shall commence on
the first Tuesday in May following their election. At the first regular elec-
tion following the organization of a district, and in districts heretofore
358
WATERS AND IRRIGATION 89-2304
organized and in existence on the date when this act takes effect and which,
on petition, has been divided into divisions, as hereinbefore provided, at the
first regular election following the date of the order making such division,
there shall be elected three commissioners, one commissioner being elected
from each division of which he must be an actual landowner and resident
of the county or counties; one of such commissioners, to be determined by
lot, shall hold office until the first Tuesday in May in the year following his
election, another of such commissioners, to be determined by lot, shall hold
office until the first Tuesday in May in the second year following his
election, and the third of such commissioners shall hold office until the first
Tuesday in May in the third year following his election; thereafter one
commissioner shall be elected each year who shall hold office for a term
of three years and until his successor is elected and qualified ; provided
that the person elected as a commissioner in each year to succeed the
commissioner whose term is then expiring must be elected as a commis-
sioner from the same division as the commissioner whom he is to succeed.
History: En, Sec. 19, Ch. 129, L. 1921;
re-en. Sec. 7283, R. C. M. 1921; amd. Sec.
3, Ch. 50, L. 1925.
89-2303. (7283.1) Notice of election. Fifteen days before any regular
election, the secretary of the board of commissioners shall give notice by
mail to all landowners within the district of the time and place of holding
the election. Prior to the mailing of such notices the board must, by
resolution, designate a polling place and appoint three persons to act as
judges and clerks of election in each precinct. The board shall prescribe
the form and provide for the printing of the ballots for all elections.
History: En. as Sec. 7283 A, by Sec. 4,
Ch. 50, L. 1925.
89-2304. (7283.2) Marnier of conducting election. Any judge of elec-
tion may administer any oath required to be administered during the
progress of an election. Before the opening of the polls the judges of
election must take and subscribe an oath to faithfully perform the duties
imposed upon them by law, and such oath may be administered by any
elector. The polls shall open at 12 o'clock noon and be kept open until
5 o'clock P. M. when the same shall be closed. Such elections shall be con-
ducted, except as herein otherwise provided, as nearly as practicable in
accordance with the provisions of ^he general election laws of the state,
except that no registration shall be required. As soon as the polls are
closed the judges shall count and tabulate the votes cast and make out a
certificate, to be signed by them, showing the total number of votes cast
at the election and the total number cast for each candidate for commis-
sioner, and shall deliver such certificate, with a list of the electors voting
at such election to the board of commissioners, and such board of commis-
sioners shall meet on the first Monday following such election and canvass
such returns. The board shall declare elected the person or persons, receiv-
ing the highest number of votes. The clerk of the board of directors shall
enter the result of such canvass in the minutes of the board and file with
the clerk of the district court creating the district a statement showing the
names of the persons elected as commissioners, the names of the commis-
sioners whose term will expire on the first Tuesday in May following, and
359
89-2305 ELECTION LAWS /
the names of all of the persons who will compose the board of directors for
the year next following the said first Tuesday in May.
History: En. as Sec. 7283 B, by Sec. 4, ,
Ch. 50, L. 1925. '
89-2305. (7283.3) Qualifications of electors. At all such elections,
except as herein otherwise expressly provided, the following persons hold-
ing title, or evidence of title to lands within the district shall be entitled
to vote: (1) All of the persons having the qualifications of electors under
the constitution and general laws of the state; (2) Guardians, adminis-
trators, executors and trustees residing in the state ; (3) Domestic corpo-
rations by their duly authorized agents. In all elections each elector shall
be permitted to cast one vote for each forty acres of land, or major frac-
tion thereof in the district owned by such elector, but any elector owning
twenty acres or less shall be entitled to one vote.
History: En. as. Sec. 7283 C, by Sec. 4,
Ch. 50, K 1925.
89-2306. (7283.4) Nomination of commissioners — voting. Candidates
for the office of commissioner to be filled by election under the provisions
of this act, may be nominated by petition filed with the secretary of the
board of commissioners at least ten daj's prior to date of holding the election
and signed by at least five electors of the district. If no nominations are
made the electors of the district shall write on the ballots the name or
names of the persons for whom they desire to vote, provided that nothing
herein contained shall prevent an elector from voting for any qualified
person, although the name does not appear on the official ballot.
History: En. as Sec. 7283 D, by Sec. 4,
Ch. 50, K 1925.
TITLE 93
CIVIL PROCEDURE
CHAPTER 2
SUPEEME COUET
Section 93-201. Justices — number increased to five — election and term of office.
93-202. Term of office and designation of first additional justice.
93-203. Term of office and designation of second additional justice.
93-208. Computation of years of office.
93-209. Vacancies.
93-219. Judge becoming candidate for elective office — resigning of supreme
court office — exceptions — vacancy.
93-220. Filling vacancy.
93-201. (8790) Justices — ^number increased to five — election and term
of office. On and after September 1, 1919, the supreme court shall consist
of a chief justice and four associate justices, who shall be elected by the
qualified electors of the state at large at the general state elections next
preceding the expiration of the terms of office of their predecessors, re-
spectively, and shall hold their offices for the term of six years from and
after the first Monday of January next succeeding their election.
History: En. Sec. 12, C. Oiv. Proc. 1895; Ch. 31, Ex. L. 1919; re-en. Sec. 8790, B. C.
re-en. Sec. 6244, Rev. O 1907; amd. Sec. 1, M. 1921. Cal. C. Civ. Proc. Sec. 40.
360
CIVIL PROCEDURE 93-219
93-202. (8791) Term of oflSce and designation of first additional justice.
The first term of office of one of the additional justices of tlie supreme
court hereby provided for shall extend from the first day of September,
1919, to the first Monday of January, 1921; and John Hurley of Valley
county, Montana, is hereby named as said justice of the supreme court,
and he shall hold said office for said term.
History: En. Sec. 2, Ch. 31, Ex. L. 1919;
re-«n. Sec. 8791, R. C. M. 1921.
93-203. (8792) Term of office and designation of second additional
justice. The first term of office of the other said additional justice of the
supreme court hereby provided for shall extend from the first day of
September, 1919, to the first Monday of January, 1923; and George Y.
Patten of Gallatin county, Montana, is hereby named as said additional
justice of the supreme court, and he shall hold office for said term.
History: En. Sec. 3, Ch. 31, Ex. L. 1919;
re-en. Sec. 8792, R. C. M. 1921.
93-208. (8797) Computation of years of office. The years during which
a justice of the supreme court is to hold office are to be computed respec-
tively from and including the first Monday of January of any one year
to and excluding the first Monday of January of the next succeeding year.
History: En. Sec. 13, C. Civ. Proc. 1895; ^ 8797, R. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6245, Rev. C. 1907; re-en. Sec. 41.
93-209. (8798) Vacancies. If a vacancy occur in the office of a justice
of the supreme court, the governor must appoint an eligible person to hold
the office until the election and qualification of a justice to fill the vacancy,
which election must take place at the next succeeding general election ; and
the justice so elected holds the office for the remainder of the unexpired
term of his predecessor.
History: En. Sec. 14, C. Civ. Proc. 1895; 8798, R. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6246, Rev. C. 1907; re-en. Sec. 42.
93-219. Judge becoming candidate for elective office — resigning of su-
preme court office — exceptions — vacancy. Whenever any person holding or
occupying the office of chief justice or associate justice on the supreme court
of the state of Montana shall become a candidate for election to any elec-
tive office under the laws of/or in the state of Montana, such person shall
forthwith, and in any event at or before the time required for such person
to file as a candidate for such office at any primary or special or general
election, resign said office of chief justice or associate justice of said su-
preme court except where such person is a bona fide candidate for re-elec-
tion to the identical office then held or occupied by him or for another non-
partisan judicial office the term of which shall commence not earlier than
the end of the term of the office then held or occupied by such justice and
said resignation shall become effective forthwith on delivery of the same
to the proper officer or superior, and in the event of failure so to resign
said office of chief justice or associate justice of said supreme court or of
district judge of any of said district courts the same shall, ipso facto, be-
come wholly vacant and unoccupied and the said former holder or occu-
pant shall have no further right, power, or authority therein for any pur-
361
93-220 ELECTION LAWS
pose, and no right to any emoluments thereof, notwithstanding the fact
that a successor is not appointed or elected ; and said vacancy shall become
operative to deprive any person of the emoluments of said office then
held in order to carry out the policy of this act. /
History: En. Sec. 1, Ch. 139, L. 1957. /
93-220. Filling vacancy. In all cases the proper appointing or other
power shall promptly fill all vacancies occurring because of the provisions I
of this act by appointment of competent and qualified persons according
to law. J
History: En. Sec. 2, Ch. 139, L. 1957. ,
i
CHAPTER 3
DISTRICT COURTS
Section 93-301. Judicial districts defined.
93-301.1. Eighteenth judicial district created.
93-301.2. Sixth judicial district.
93-302. Number of judges.
93-309. Vacancies. i
93-301. (8812) Judicial districts defined. In this state there are seven-
teen judicial districts, distributed as follows:
First district : Lewis and Clark and Broadwater counties.
Second district : Silver Bow county.
Third district : Deer Lodge, Granite, and Powell counties.
Fourth district: Missoula, Mineral, Lake, Ravalli, and Sanders counties.
Fifth district: Beaverhead, Jefferson, and Madison counties.
Sixth district : Gallatin, Park, and Sweet Grass counties.
Seventh district : Dawson, McCone, Richland, and "Wibaux counties.
Eighth district : Cascade and Chouteau counties.
Ninth district: Teton, Pondera, Toole, and Glacier counties.
Tenth district : Fergus, Judith Basin, and Petroleum counties.
Eleventh district : Flathead and Lincoln counties.
Twelfth district: Liberty, Hill, and Blaine counties.
Thirteenth district: Yellowstone, Big Horn, Carbon, Stillwater, and
Treasure counties.
Fourteenth district: Meagher, Wheatland, Golden Valley, and Mussel-
shell counties.
Fifteenth district: Roosevelt, Daniels, and Sheridan counties.
Sixteenth district: Custer, Carter, Fallon, Prairie, Powder River, Gar-
field, and Rosebud counties.
Seventeenth district: Phillips and Valley counties.
History: En. Sec. 6256, Rev. C. 1907;
re-en. Sec. 8812, R. C. M. 1921; amd. Sec.
1, Ch. 91, L. 1929.
93-301.1. Eigfhteenth judicial district created. That there is hereby
created a new judicial district of the state of Montana, to be known as the
eighteenth judicial district of the state of Montana, and that the same
shall embrace and comprise the territory within the county of Gallatin
362
CIVIL PROCEDURE 93-401
within the state of Montana, which after the passapre of this act shall
constitute the eigrhteenth judicial district of the state of Montana.
History: En. Sec. 1, Ch. 80, L. 1947.
93-301.2. Sixth judicial district. That the sixth judicial district of the
state of Montana shall h(M-eafter embrace the territory within the counties
of Park and Sweet Grass.
History: En. Sec. 2, Ch. 80, L. 1947.
93-302. (8813) Number of judges. In each judicial district there must
be the following number of judges of the district court, who must be elected
by the qualified voters of the district, and whose term of office must be
four (4) years, to wit: In the first, second, fourth, eighth, eleventh and
sixteenth, two judges each, in the thirteenth, three judges, and, in all
other districts, one judge each ; and from and after the first Monday in
January, 1961, there must be three judges in the eighth judicial district,
which third judge in said judicial district shall be nominated and elected by
the electors of said district in and at the 1960 primary and general elections.
Appointment and election of judge. That on or before July 1, 1957,
the governor of this state shall designate and appoint a judge of the said
eleventh judicial district who shall hold office until the general election
to be held during the year 1958, and until his successor is elected and
qualified. The judge elected at the general election during the year 1958
shall hold office until his successor has been elected and qualified at the
presidential general election to be held during the year 1960.
History: En. Sec. 1, p. 156, L. 1901; L. 1929; amd. Sec. 1, Ch. 18, L. 1955; amd.
re-en. Sec. 6264, Rev. C. 1907; re-en. Sec. Sec. 1, Ch. 91, L. 1957; amd. Sec. 1, Ch.
8813, R. C. M. 1921; amd. Sec. 2, Ch. 91, 161, L. 1959.
93-309. (8820) Vacancies. If a vacancy occur in the office of a district
court, the governor must appoint an eligible person to hold the office until
the election and qualification of a judge to fill the vacancy, which election
must take place at the next succeeding general election, and the judge so
elected holds office for the remainder of the unexpired term.
History: En. Sec. 35, C. Civ. Proc. 1895; 8820, R. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6269, Rev. C. 1907; re-en. Sec. 70.
CHAPTER 4
JUSTICES' AND POLICE COURTS
Section 93-401. Justices' courts and justices.
93-405. Terms of office.
93-406. Vacancies.
93-401. (8833) Justices' courts and justices. There must be at least
two justices' courts in each of the organized townships of the state, for
which two justices of the peace must be elected by the qualified electors
of the township at the general state election next preceding the expiration
of the term of office of his predecessor.
History: En. Sec. 60, C. Civ. Proc. 1895; 8833, R. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 85.
363
93-405
ELECTION LAWS
93-405. (8837) Terms of office. The term of office of justices of peace
is two years from the first Monday in January next succeeding their election.
History: En. Sec. 64, C. Civ. Proc. 1895; 8837, E. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6283, Rev. C. 1907; re-en. Sec. 110. /
93-406. (8838) Vacancies. If a vacancy occurs in the office of a justice
of the peace, the county commissioners of the county must appoint an
eligible person to hold the office for the remainder of the unexpired term.
History: En. Sec. 65, C. Civ. Proc. 1895; 8838, R. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6284, Rev. C. 1907; re-en. Sec. 111.
TITLE 94
CRIMES AND CRIMINAL PROCEDURE
CHAPTER 14
ELECTION FRAUDS AND OFFENSES— CORRUPT PRACTICES ACT
Section 94-1401. Violation of election laws by certain officers a felony.
94-1402. Fraudulent registration a felony.
94-1403. Fraudulent voting.
94-1404. Attempting to vote without being qualified.
94-1405. Procuring illegal voting.
94-1406. Changing ballots or altering returns by election officers.
94-1407. Judges unfolding or marking ballots.
94-1408. Forging or altering returns.
94-1409. Adding to or subtracting from votes given.
94-1410. Persons aiding and abetting.
94-1411. Intimidating, corrupting, deceiving or defrauding electors.
94-1412. Offenses under the election laws.
94-141.3. Officers of election not to electioneer, etc.
94-1414. Offenses at an election.
94-1415. Furnishing money or entertainment for, or procuring attendance of,
electors.
94-1416. Unlawful offer to appoint to office.
94-1417. Communication of same.
94-1418. Bribing members of legislative caucuses, etc.
94-1419. Preventing public meetings of electors.
94-1420. Disturbances of public meetings of electors.
94-1421. Betting on elections.
94-1422. Violation of election laws.
94-1423. Bribery.
94-1424. Unlawful acts of employers.
94-1425. Fines paid into school fund.
94-1426. Violation of act voids election.
94-1427. Expenditure by or for candidate for office.
94-1428. Limitation of expenditures by candidate — by party organizations — by
relatives.
94-1429. Definition of terms.
94-1430. Statement by candidate as to moneys expended — filing after election-
penalty.
94-1431. Accounts of expenditures by political committees and other persons —
statement and vouchers.
94-1432. Copies of act to be furnished certain public officers and candidates..
94-1433. Inspection of accounts — complaints — statement of receipts.
94-1434. Prosecutions for failure to file statement.
94-1435. Jurisdiction — court may compel filing of statements.
94-1436. Record of statements — copies.
94-1437. Payments in name of undisclosed principal.
94-1438. Promise to procure appointment or election.
94-1439. Public officer or employee not to contribute funds.
94-1440. Certain public officers prohibited from acting as delegates or members
of political committee.
364
CRIMES AND CRIMINAL PROCEDURE 94-1402
94-1441. "Transfer of convention credential.
94-1442. Inducing person to be or not to be candidate.
94-1443. What demands or requests shall not be made of candidates.
94-1444. Contributions from corporations, public utilities and others.
94-1445. Treating.
94-1446. Challenging voters — procedure.
94-1447. Coercion or undue influence of voters.
94-1448. Bets or wagers on election results.
94-1449. Personating another elector — penalty.
94-1450. Corrupt practice, what constitutes.
94-1451. Compensating voter for loss of time — badges and insignia.
94-1452. Publications in newspapers and periodicals.
94-1453. Solicitation of votes on election day.
94-1454. Political criminal libel.
94-1455. Filing of statement of expenses by candidate.
94-1456. Inducement to accept or decline nomination.
94-1457. Forfeiture of nomination or office for violation of law, when not
worked.
94-1458. Punishment for violation of act.
94-1459. Time for commencing contest.
94-1460. Court having jurisdiction of proceedings.
94-1461. Repealed.
94-1462. Duty of county attorney on violation of act — penalty for neglect or
refusal to act.
94-1463. Declaration of result of election after rejection of illegal votes.
94-1464. Grounds for contest of nomination or office.
94-1465. Nomination or election not to be vacated, when.
94-1466. Reception of illegal votes, allegations and evidence.
94-1467. Contents of contest petition — amendment — bond — costs — citation —
precedence.
94-1468. Hearing of contest.
94-1469. Corporations — proceedings against, for violation of act.
94-1470. Penalty for violations not otherwise provided for.
94-1471. Advancement of cases — dismissal, when — privileges of witnesses.
94-1472. Form of complaint.
94-1473. Form of statement of expenses.
94-1474. False oaths or affidavits — perjury.
94-1475. Political literature to contain name of officer of organization or person
publishing and producing.
94-1476. Violation of preceding section a misdemeanor.
94-1401. (10747) Violation of election laws by certain oflBcers a felony.
Every person charged with the performance of any duty, under the provi-
sions of any law of this state relating to elections, or the registration of the
names of electors, or the canvassing of the returns of election, who wilfully
neglects or refuses to perform such duty, or who, in his official capacity,
knowingly and fraudulently acts in contravention or violation of any of
the provisions of such laws, is, unless a different punishment for such acts
or omissions is prescribed by this code, punishable by fine not exceeding
one thousand dollars, or by imprisonment in the state prison not exceeding
five years, or both.
History: En. Sec. 60, Pen. C. 1895;
re-en. Sec. 8124, Rev. C. 1907; re-en. Sec.
10747, R. C. M. 1921. Cal. Pen. C. Sec. 41.
94-1402. (10748) Fraudulent registration a felony. Every person who
wilfully causes, procures, or allows himself to be registered in the official
register of any election district of any county, knowing himself not to be
entitled to such registration, is punishable by a fine not exceeding one thou-
sand dollars, or by imprisonment in the county jail or state prison not ex-
ceeding one year, or both. In all cases where, on the trial of the person
charged with any offense under the provisions of this section, it appears in
365
94-1403 ELECTION LAWS
evidence that the accused stands registered in such register of any county,
without being qualified for such registration, the court must order such
registration to be canceled.
History: En. Sec. 61, Pen. C. 1895;
re-en. Sec. 8125, Rev. C. 1907; re-en. Sec.
10748, R. C. M. 1921. Cal. Pen. C. Sec. 42.
94-1403. (10749) Fraudulent voting. Every person not entitled to vote
who fraudulently votes, and every person who votes more than once at any
one election, or changes any ballot after the same has been deposited in the
ballot-box, or adds, or attempts to add, any ballot to those legally polled
at any election, either by fraudulently introducing the same into the ballot-
box before or after the ballots therein have been counted; or adds to, or
mixes with, or attempts to add to or mix with, the ballots lawfully polled,
other ballots, while the same are being counted or canvassed, or at any
other time, with intent to change the result of such election; or carries
away or destroys, or attempts to carry away or destroy, any poll-lists,
check-lists, or ballots, or ballot-box, for the purpose of breaking up or
invalidating such election, or wilfully detains, mutilates, or destroys any
election returns, or in any manner so interferes with the officers holding
such election or conducting such canvass, or with the voters lawfully
exercising their rights of voting at such election, as to prevent such election
or canvass from being fairly held and lawfully conducted, is guilty of a
felony.
History: En. Sec. 62, Pen. C. 1895;
re-en. Sec. 8126, Rev. C. 1907; re-en. Sec.
10749, R. C. M. 1921. Cal. Pen. C. Sec. 45.
94-1404. (10750) Attempting to vote without being qualified. Every
person not entitled to vote, who fraudulently attempts to vote or register, or
who, being entitled to vote, attempts to vote or register more than once at
any election, is guilty of a misdemeanor.
History: En. Sec. 63, Pen. C. 1895;
re-en. Sec. 8127, Rev. C. 1907; re-en. Sec.
10750, R. C. M. 1921. Cal. Pen. C. Sec. 46.
94-1405. (10751) Procuring illegal voting. Every person who procures,
aids, assists, counsels, or advises another to register or give or offer his vote
at any election, knowing that the person is not entitled to vote or register,
is guilty of a misdemeanor.
History: En. Sec. 64, Pen. C. 1895;
re-en. Sec. 8128, Rev. C. 1907; re-en. Sec.
10751, R. C. M. 1921. Cal. Pen. C. Sec. 47.
94-1406. (10752) Changing ballots or altering returns by electior
oflBcers. Every officer or clerk of election who aids in changing or destroying
any poll-list or check-list, or in placing any ballots in the ballot-box, or
taking any therefrom, or adds, or attempts to add, any ballots to those
legally polled at such election, either by fraudulently introducing the same
into the ballot-box before or after the ballots therein have been counted, or
adds to or mixes with, or attempts to add to or mix with, the ballots
polled, any other ballots, while the same are being counted or canvassed, or
at any other time, with intent to change the result of such election, or
allows another to do so, when in his power to prevent it, or carries away
366
CRIMES AND CRIMINAL PROCEDURE 94-1411
or destroys, or knowing^ly allows another to carry away or destroy, any
poll-list, check-list, ballot-box, or ballots lawfully polled, is guilty of a felony.
History: En. Sec. 65, Pen. C. 1895;
re-en. Sec. 8129, Rev. C. 1907; re-en. Sec.
10752, R. C. M. 1921. Cal. Pen. C. Sec. 48.
94-1407. (10753) Judges unfolding or marking ballots. Every judge
or clerk of an election who, previous to putting the ballot of an elector in the
ballot-box, attempts to find out any name on such ballot, or who opens
or suffers the folded ballot of any elector which has been hantled in, to be
opened or examined previous to putting the same into the ballot-box, or
who makes or places any mark or device on any folded ballot, with the
view to ascertain the name of any person for whom the elector has voted,
is punishable by imprisonment in the county jail for a period of six
months, or in the state prison not exceeding two years, or by fine, not
exceeding five hundred dollars, or by both.
History: En. Sec. 66, Pen. C. 1895;
re-en. Sec. 8130, Rev. C. 1907; re-en. Sec.
10753, R. C. M. 1921. Cal. Pen. C. Sec. 49.
94-1408. (10754) Forging or altering returns. Every person who forges
or counterfeits returns of an election purporting to have been held at a
precinct, town, or ward where no election was in fact held, or wilfully sub-
stitutes forged or counterfeit returns of election in the place of the true
returns for a precinct, town, or ward where an election was actually held, is
punishable by imprisonment in the state prison for a term not less than
two nor more than ten years.
History: En. Sec. 67, Pen. C. 1895;
re-en. Sec. 8131, Rev. C. 1907; re-en. Sec.
10754, R. C. M. 1921. CaJ. Pen. C. Sec. 50.
94-1409. (10755) Adding to or subtracting from votes given. Every
person who wilfully adds to or subtracts from the votes actually cast at an
election, in any returns, or who alters such returns, is punishable by im-
prisonment in the state prison for not less than one nor more than five years.
History: En. Sec. 68, Pen. C. 189S;
re-en. Sec. 8132, Rev. C. 1907; re-eai. Sec.
10755, R. C. M. 1921. Cal. Pen. C. Sec. 51.
•94-1410. (10756) Persons aiding and abetting. Every person who aids
or abets in the commission of any of the offenses mentioned in the four pre-
ceding sections is punishable by imprisonment in the county jail for a period
of six months, or in the state prison not exceeding two years.
History: En. Sec. 69, Pen. C. 1895;
re-en. Sec. 8133, Rev. C. 1907; re-en. Sec.
10756, R. C. M. 1921. Cal. Pen. C. Sec. 52.
94-1411. (10757) Intimidating, corrupting, deceiving or defrauding
electors. Every person who, by force, threats, menaces, bribery, or any
corrupt means, either directly or indirectly, attempts to influence any elector
in giving his vote, or to deter him from giving the same, or attempts by any
means whatever to awe, restrain, hinder, or disturb any elector in the free
exercise of the right of suffrage, or defrauds any elector at any such
election, by deceiving and causing such elector to vote for a different
person for any office than he intended or desired to vote for; or who,
367
94-1412 ELECTION LAWS
being judge or clerk of any election, while acting as such, induces, or
attempts to induce, any elector, either by menaces or reward, or promise
thereof, to vote differently from what such elector intended or desired
to vote, is guilty of a misdemeanor, and is punishable by a fine not exceed-
ing one thousand dollars, or imprisonment not to exceed one year, or both.
History: En. Sec. 70, Pen. C. 1895;
re-en. Sec. 8134, Rev. C. 1907; re-en. Sec.
10757, R. C. M. 1921. Cal. Pen. C. Sec. 53.
94-1412. (10758) Offenses under the election laws. Every person who
falsely makes, or fraudulently defaces or destroys, the certificates of nomi-
nation of candidates for office, to be filled by the electors at any election, or
any part thereof, or files or receives for filing any certificate of nomination,
knowing the same, or any part thereof, to be falsely made, or suppresses
any certificate of nomination, which has been duly filed, or any part
thereof, or forges or falsely makes the official indorsement on any ballot,
is guilty of a felony, and upon conviction thereof is punishable by imprison-
ment in the state prison not less than one nor more than five years.
History: En. Sec. 71, Pen. C. 1895;
re-en. Sec. 8135, Rev. C. 1907; re-en. Sec.
10758, R. C. M. 1921.
94-1413. (10759) Officers of election not to electioneer, etc. Every
officer or clerk of election who deposits in a ballot-box a ballot on which the
official stamp, as provided by law, does not appear, or does any electioneering
on election day, is guilty of a misdemeanor, and upon conviction is punish-
able by imprisonment not to exceed six months, or by a fine not less than
fifty nor more than five hundred dollars, or both.
History: En. Sec. 72, Pen. C. 1895;
re-en. Sec. 8136, Rev. C. 1907; re-en. Sec.
10759, R. C. M. 1921.
94-1414. (10760) Offenses at an election. Every person who, during an
election, removes or destroys any of the supplies or other conveniences placed
in the booths or compartments for the purpose of enabling a voter to prepare
his ballot, or prior to or on the day of election wilfully defaces or destroys
any list of candidates posted in accordance with the provisions of law,
or during an election tears down or defaces the cards printed for the
instruction of voters, or does any electioneering on election day within
any polling-place or any building in which an election is being held, or
within twenty-five feet thereof, or obstructs the doors or entries thereof,
or removes any ballot from the polling-place before the closing of the polls,
or shows his ballot to any person after it is marked so as to reveal the
contents thereof, or solicits an elector to show his ballot after it is marked,
or places a mark on his ballot by which it may afterward be identified,
or receives a ballot from any other person than one of the judges of the
election having charge of the ballots, or votes or offers to vote any
ballot except such as he has received from the judges of election having
charge of the ballots, or does not return the ballot before leaving the
polling-place, delivered to him by such judges, and which he has not
voted, is guilty of a misdemeanor, and is punishable by a fine not exceeding
one hundred dollars.
368
CRIMES AND CRIMINAL PROCEDURE 94-1418
History: En. Sec. 73, Pen. C. 1895;
re-en. Sec. 8137, Rev. C. 1907; rc-en. Sec.
10760, R. C. M. 1921.
94-1415. (10761) Furnishing money or entertainment for, or procuring
attendance of, electors. Every person who, with the intention to promote
the election of himself or any other person, either:
1. Furnishes entertainments, at his expense, to any meeting of electors
previous to or during an election;
2. Pays for, procures, or engages to pay for any such entertainment ;
3. Furnishes or engages to pay any money or property for the purpose
of procuring the attendance of voters at the polls, or for the purpose of
compensating any person for procuring the attendance of voters at the
polls, except for the conveyance of voters who are sick or infirm ;
4. Furnishes or engages to pay or deliver any money or property for
any purpose intended to promote the election of any candidate, except for
the expenses of holding and conducting public meetings for the discussion
of public questions, and of printing and circulating ballots, handbills, and
other papers, previous to such election;
is guilty of a misdemeanor.
History: En. Sec. 74, Pen. C. 1895;
re-en. Sec. 8138, Rev. C. 1907; re-em. Sec,
10761, R. C. M. 1921. Cal. Pen. C. Sec. 54.
94-1416. (10762) Unlawful offer to appoint to office. Every person
who, being a candidate at any election, offers, or agrees to appoint or pro-
cure, the appointment of any particular person to office, as an inducement or
consideration to any person to vote for, or to procure or aid in procuring the
election of such candidate, is guilty of a misdemeanor.
History: En. Sec. 75, Pen. C. 1895;
re-en. Sec. 8139, Rev. C. 1907; re-en. Sec.
10762, R. C. M. 1921. Cal. Pen. C. Sec. 55.
94-1417. (10763) Communication of same. Every person, not being a
candidate, who communicates any offer, made in violation of the last section,
to any person, with intent to induce him to vote for, or to procure or to aid
in procuring the election of the candidate making the offer, is guilty of a
misdemeanor.
History: En. Sec. 76, Pen. C. 1895;
re-en. Sec. 8140, Rev. C. 1907; re-en. Sec.
10763, R. C. M. 1921. Cal. Pen. C. Sec. 56.
94-1418. (10764) Bribing members of legislative caucuses, etc. Every
person who gives or offers a bribe to any officer or member of any legislative
caucus, political convention, or political gathering of any kind, held for
the purpose of nominating candidates for offices of honor, trust, or profit,
in this state, with intent to influence the person to whom such bribe is
given or offered to be more favorable to one candidate than another, and
every person, member of either of the bodies in this section mentioned,
who receives or offers to receive any such bribe, is punishable by imprison-
ment in the state prison not less than one nor more than fourteen years.
History: En. Sec. 77, Pen. C. 1895;
re-en. Sec. 8141, Rev. C. 1907; re-en. Sec.
10764, R. C. M. 1921. Cal. Pen. C. Sec. 57.
369
94-1419 ELECTION LAWS
94-1419. (10765) Preventing public meetings of electors. Every person
who, by threats, intimidations, or violence, Avilfully hinders or prevents
electors from assembling in public meeting for the consideration of public
questions, is guilty of a misdemeanor.
History: En. Sec. 78, Pen. C. 1895;
re-en. Sec. 8142, Rev. C. 1907; re-en. Sec.
10765, R. C. M. 1921. Cal. Pen. C. Sec. 58.
94-1420. (10766) Disturbances of public meetings of electors. Every
person who wilfully disturbs or breaks up any public meeting of electors or
others, lawfully being held for the purpose of considering public questions,
or any public school or public school meeting, is guilty of a misdemeanor.
History: En. Sec. 79, Pen. C. 1895;
re-en. Sec. 8143, Rev. C. 1907; re-en. Sec.
10766, R. C. M. 1921.
94-1421. (10767) Betting on elections. Every person who makes, offers,
or accepts any bet or wager upon the result of any election, or upon the
success or failure of any person or candidate, or upon the number of votes to
be cast, either in the aggregate or for any particular candidate, or upon the
vote to be cast by any person, is guilty of a misdemeanor.
History: En. Sec. 80, Pen. C. 1895;
re-en. Sec. 8144, Rev. C. 1907; re-en. Sec.
10767, R. C. M. 1921. Cal. Pen. C. Sec. 60.
94-1422. (10768) Violation of election laws. Every person who wilfully
violates any of the provisions of the laws of this state relating to elections is,
unless a different punishment for such violation is prescribed by this code,
punishable by fine not exceeding one thousand dollars, or by imprisonment
in the state prison not exceeding five years, or both.
History: En. Sec. 81, Pen. C. 1895;
re-en. Sec. 8145. Rev. C. 1907; re-en. Sec.
10768, R. C. M. 1921. Cal. Pen. C. Sec. 61.
94-1423. (10769) Bribery. The following persons shall be deemed
guilty of bribery, and shall be punished by a fine not exceeding one thousand
dollars, and imprisonment in the penitentiary not exceeding one year:
1. Every person who, directly or indirectly, b}^ himself or by any
other person on his behalf, gives, lends, or agrees to give or lend, or offers
or promises, any money or valuable consideration, or promises to procure,
or endeavors to procure, any money or valuable consideration, to or for
any election, or to or for any person on behalf of any elector, or to or for
any person, in order to induce any elector to vote or refrain from voting,
or corruptly' does any such act as aforesaid ;
2. Every person who, directly or indirectly, by himself or by any
other person on his behalf, gives, or procures, or agrees to give or procure,
or offers or promises, any office, place, or employment, to or for any
elector, or to or for any other person, in order to induce such elector to
vote or refrain fom voting, or corruptly does any such act as aforesaid,
on account of any elector having voted or refrained from voting at any
election;
3. Every person who, directly or indirectly, by himself or by any
other persons on his behalf, makes any gift, loan, offer, promise, procure-
ment, or agreement as aforesaid, to or for any person, in order to induce
370
CRIMES AND CRIMINAL PROCEDURE 94-1423
such person to procure or endeavor to procure the return of any person
to serve in the legislative assembly, or the vote of any elector at any
election;
4. Every person who, upon or in consequence of any such gift, loan,
offer, promise, procurement, or agreement, procures or promises, or en-
deavors to procure, the election of any candidate to the legislative assembly,
or the vote of any elector at any election ;
5. Every person who advances or pays, or causes to be paid, any
money to, or to the use of any other person, with the intent that such
money, or any part thereof, shall be expended in bribery, or in corrupt
practices, at any election, or who knowingly pays, or causes to be paid,
any money to any person in discharge or repayment of any money wholly
or in part expended in bribery or corrupt practices at any election ;
6. Every elector who, before or during any election, directly or in-
directly, by himself or any other person on his behalf, receives, agrees, or
contracts for any money, gift, loan, valuable consideration, office, place,
or employment, for himself or any other person, for voting or agreeing to
vote, or for refusing or agreeing to refrain from voting at any election;
7. Every person who, after any election, directly or indirectly, by him-
self or by any other person in his behalf, receives any money^ gift, loan,
valuable consideration, office, place, or employment, for having voted
or refrained from voting, or having induced any other person to vote or
refrain from voting, at any election ;
8. Every person, whether an elector or otherwise, \vho, before or during
any election, directly or indirectly, by himself or by any other person on
his behalf, makes approaches to any candidate or agent, or any person
representing or acting on behalf of any candidate at such election, and asks
for, or offers to agree or contract for, any money, gift, loan, valuable
consideration, office, place, or employment for himself or any other person,
for voting or agreeing to vote, or for refraining or agreeing to refrain from
voting at such election ;
9. Every person, whether an elector or otherwise, who, after an elec-
tion, directly or indirectly, by himself or by any other person on his behalf,
makes approaches to any candidate, or any agent or person representing
or acting on behalf of any candidate, and asks for or offers to receive
any money, gift, loan, valuable consideration, office, place, or employ-
ment, for himself or any other person, for having voted or refrained from
voting, or having induced any other person to vote or refrain from voting
at such election;
10. Every person who, in order to induce a person to allow himself
to be nominated as a candidate, or to refrain from becoming a candidate,
or to withdraw if hie has so become, gives or lends any money or valuable
consideration whatever, or agrees to give or lend, or offers or promises
any such money or valuable consideration, or promises to procure or try to
procure, or tries to procure, for such person, or for any other person, any
money or valuable consideration;
11. Every person, who, for the purpose and with the intent in the last
preceding subsection mentioned, gives or procures any office, place, or
employment, or agrees to give or procure, or offers or promises, such office,
371
94-1424 ELECTION LAWS
place, or employment, or endeavors to procure, or promises to procure or to
endeavor to pi'ocure, such office, place, or employment, to or for such
person or any other person ;
12. Every person who, in consideration of any gift, loan, offer, promise,
or agreement, as mentioned in the two last preceding subsections, allows
himself to be nominated, or refuses to allow himself to be nominated, as a
candidate at an election, or withdraws if he has been so nominated ;
13. Every elector, candidate for nomination, nominee, or political com-
mittee who shall pay, or offer to pay, the fee for any person who is
about to, or has made his declaration of intention, or has taken out, or
is about to take out, his final papers as a citizen of the United States; and
every person who receives any money or other valuable thing to pay such
fee, or permits the same to be paid for him.
History: En. Sec. 105, Pen. C. 1895;
re-en. Sec. 8169, Rev. C. 1907; re-en. Sec.
10769, R. C. M. 1921. Cal. Pen. C. Sec. 54b.
94-1424. (10770) Unlawful acts of employers. It shall be unlawful for
any employer, in paying his employees the salary or wages due them, to
inclose their pay in "pay envelopes" upon which there is written or printed
the name of any candidate or political mottoes, devices, or arguments con-
taining threats or promises, express or implied, calculated or intended to
influence the political opinions or actions of such employees. Nor shall
it be lawful for an employer, within ninety days of an election, to put
up or otherwise exhibit in his factory, workshop, or other establishment
or place where his workmen or employees may be working, any hand-
bill or placard containing any threat or promise, notice, or information,
that in case any particular ticket or political party, or organization, or
candidate, shall be elected, work in his place or establishment will cease,
in whole or in part, or shall be continued or increased, or his place or
establishment be closed up, or the salaries or wages of his workmen or
employees be reduced or increased, or other threats, or promises, express
or implied, intended or calculated to influence the political opinions or
actions of his workmen or employees. This section shall apply to corpo-
rations as well as individuals, and any person violating the provisions of
this section is guilty of a misdemeanor, and shall be punished by a fine
of not less than twenty-five dollars nor more than five hundred dollars,
and imprisonment not exceeding six months in the county jail, and any
corporation violating this section shall be punished by fine not to exceed
five thousand dollars, or forfeit its charter, or both such fine and forfeiture.
History: En. Sec. 109, Pen. C. 1895;
re-en. Sec. 8173, Rev. C. 1907; re-en. Sec.
10770, E. C. M. 1921.
94-1425. (10771) Fines paid into school fund. All fines imposed and
collected under the preceding sections shall be paid into the county treasury
for the benefit of the common schools of the county in which the offense was
committed.
History: En. Sec. 110, Pen. C. 1895;
re-en. Sec. 8174, Rev. C. 1907; re-en. Sec.
10771, R. C. M. 1921.
94-1426. (10772) Violation of act voids election. If it be proved before
372
CRIMES AND CRIMINAL PROCEDURE 94-1429
any court for the trial of election contests or petitions that any rorruf)!
practice has been committed, by or with the actual kno\vle(l<,'e-and consent
of any candidate at an election, if he has been elected, such election shall be
void, and shall be so adjudged.
History: En. Sec. Ill, Pen. C. 1895; NOTE.— The corrupt practices referred
re-en. Sec. 8175, Rev. C. 1907; re-en. Sec. to in this section were those specified in
10772, R. C. M, 1921. sections 8169 and 8173 of the Revised
Codes of 1907 (sections 94-1423 and 94-
1424).
94-1427. (10773) Expenditure by or for candidate for office. No sums
of money shall be paid, and no expenses authorized or incurred, by or on
behalf of any candidate to be paid by him, except such as he may pay to the
state for printing, as herein provided, in his campaign for nomination to
any public office or position in this state, in excess of fifteen per cent of
one year's compensation or salary of the office for which he is a candidate ;
provided, that no candidate shall be restricted to less than one hundred
dollars in his campaign for such nomination. No sums of money shall be
paid, and no expenses authorized or incurred, contrary to the provisions
of this act, for or on behalf of any candidate for nomination. For the
purposes of this law, the contribution, expenditure, or liability of a descend-
ant, ascendant, brother, sister, uncle, aunt, nephew, niece, wife, partner,
employer, employee, or fellow official or fellow employee of a corporation
shall be deemed to be that of the candidate himself.
History: En. Sec. 1, Init. Act, Nov.
1912; re-en. Sec. 10773, R. C. M. 1921.
94-1428. (10774) Limitation of expenditures by candidate — by party
orgfanizations — ^by relatives. No sums of money shall be paid and no ex-
penses authorized or incurred by or on behalf of any candidate who has
received the nomination to any public office or position in this state, except
such as he may contribute towards payment for his political party's or inde-
pendent statement in the pamphlet herein provided for, to be paid by him
in his campaign for election, in excess of ten per cent of one year's salary
or compensation of the office for which he is nominated; provided, that
no candidate shall be restricted to less than one hundred dollars. No sum
of money shall be paid and no expenses authorized or incurred by or on
behalf of any political party or organization to promote the success of
the principles or candidates of such party or organization, contrary to
the provisions of this act. For the purposes of this act, the contribution,
expenditure, or liability of a descendant, ascendant, brother, sister, uncle,
aunt, nephew, niece, wife, partner, employer, employee, or fellow official
or fellow employee of a corporation, shall be deemed to be that of the
candidate himself.
History: En. Sec, 8, Init. Act, Nov.
1912; re-en. Sec. 10774, R. C. M. 1921.
94-1429. (10775) Definition of terms. Terms used ni this act shall be
construed as follows, unless other meaning is clearly apparent from the
language or context, or unless such construction is inconsistent with the
manifest intent of the law:
"Persons" shall apply to any individual, male or female, and, where
consistent with collective capacity, to any committee, firm, partnership,
373
94-1430 ELECTION LAWS
club, organization, association, corporation, or other combination of indi-
viduals.
"Candidate" shall apply to any person whose name is printed on an
official ballot for public office, or whose name is expected to be or has been
presented for public office, with his consent, for nomination or election.
"Political agent" shall apply to any person who, upon request or under
agreement, receives or disburses money in behalf of a candidate.
"Political committee" shall apply to every combination of two or more
persons who shall aid or promote the success or defeat of a candidate, or a
political party or principle, and the provisions of law relating thereto shall
apply to any firm or partnership, to any corporation, and to any club,
organization, association, or other combination of persons, whether incor-
porated or not, with similar purposes, whether primary or incidental.
"Public office" shall apply to any national, state, county, or city office
to which a salary attaches and which is filled by the voters, as well as to
the office of presidential elector. United States senator, or presiding officer
of either branch of the legislature.
"Give," "provide," "expend," "contribute," "receive," "ask," "solicit,"
and like terms, with their corresponding nouns, shall apply to money, its
equivalent, or anj^ other valuable thing; shall include the promise, advance
deposit, borrowing, or loan thereof, and shall cover all or any part of a
transaction, whether it be made directly or indirectly.
None of the provisions of this act shall be construed as relating to the
rendering of services by speakers, writers, publishers, or others, for which
no compensation is asked or given; nor to prohibit expenditure by com-
mittees of political parties or organizations for public speakers, music,
halls, lights, literature, advertising, office rent, printing, postage, clerk
hire, challengers or watchers at the polls, travelling expenses, telegraphing
or telephoning, or making of poll-lists.
History: En. Sec. 10, Init. Act, Nov.
1912; re-en. Sec. 10775, R. C. M. 1921.
94-1430. (10776) Statement by candidate as to moneys expended — filing
after election — penalty. Every candidate for nomination or election to pub-
lic office, including candidates for the office of senator of the United States,
shall, within fifteen days after the election at which he was a candidate,
file with the secretary of state if a candidate for senator of the United
States, representative in congress, or for any state or district office in a
district composed of one or more counties, or for members of the legislative
assembly from a district composed of more than one county, but with the
county clerk for legislative districts composed of not more than one
county, and for county and precinct offices, and with the city clerk, auditor,
or recorder of the town or city in which he resides, if he was a candidate
for a town, city, or ward office, an itemized sworn statement setting forth
in detail all the moneys contributed, expended, or promised by him to aid
and promote his nomination or election, or both, as the case may be, and
for the election of his party candidates, and all existing unfulfilled promises
of every character, and all liabilities remaining uncanceled and in force
at the time such statement is made, whether such expenditures, promises,
and liabilities were made or incurred before, during, or after such election.
If no money or other valuable thing was given, paid, expended, contributed,
374
CRIMES AND CRIMINAL PROCEDURE 94-1431
or promised, and no unfulfilled liabilities were incurred by a candidate
for public office to aid or promote his nomination or election, or the election
of his party candidates, he shall file a statement to that effect within fifteen
days after the election at which he was a candidate. Any candidate who
shall fail to file such a statement shall be fined twenty-five dollars for every
day on which he was in default, unless he shall be excused by the court.
Fifteen days after any such election the secretary of state, or county clerk,
city clerk, auditor, or recorder, as the case may be, shall notify the county
attorney of any failure to file such a statement on the part of any candidate,
and within ten days thereafter such prosecuting officer shall proceed to
prosecute said candidate for such offense.
History: En. Sec. 11. Init. Act, Nov.
1912; re-en. Sec. 10776, R. C. M. 1921.
94-1431. (10777) Accounts of expenditures by political committees and
other persons — statement and vouchers. Every political committee shall
have a treasurer, who is a voter, and shall cause him to keep detailed ac-
counts of all its receipts, payments, and liabilities. Similar accounts shall
be kept by every person, who in the aggregate receives or expends money
or incurs liabilities to the amount of more than fifty dollars for political
purposes, and by every political agent and candidate. Such accounts shall
cover all transactions in any way affecting or connected with the political
canvass, campaign, nomination, or election concerned. Every person re-
ceiving or expending money or incurring liability by authority or in behalf
of or to promote the success or defeat of such committee, agent, candidate,
or other person or political party or organization, shall, on demand, and
in any event within fourteen days after such receipt, expenditure, or in-
currence of liability, give such treasurer, agent, candidate, or other person
on whose behalf such expense or liability was incurred detailed account
thereof, with proper vouchers. Every payment, except payments less in
the aggregate than five dollars to any person, shall be vouched for by a
receipted bill stating the particulars of expense. Every voucher, receipt,
and account hereby required shall be a part of the accounts and files of
such treasurer, agent, candidate, or other person, and shall be preserved
by the public officer with whom it shall be filed for six months after the
election to which it refers. Any person not a candidate for any office
or nomination who expends money or value to an amount greater than
fifty dollars in any campaign for nomination or election, to aid in the
election or defeat of any candidate or candidates, or party ticket, or
measure before the people, shall, within ten days after the election in
which said money or value was expended, file with the secretary of state
in the case of a measure voted upon by the people, or of state or district
offices for districts composed of one or more counties, or with the county
clerk for county offices, and with the city clerk, auditor, or recorder for
municipal offices, an itemized statement of such receipts and expendi-
tures and vouchers for every sum paid in excess of five dollars, and shall at
the same time deliver to the candidate or treasurer of the political organi-
zation whose success or defeat he has sought to promote, a duplicate of
such statement and a copy of such vouchers. The books of account of
every treasurer of any political party, committee, or organization, during
375
94-1432 ELECTION LAWS
an election campaign, shall be open at all reasonable office hours to the
inspection of the treasurer and chairman of any opposing political party
or organization for the same electoral district ; and his right of inspection
may be enforced by writ of mandamus by any court of competent juris-
diction.
History: En. Sec. 12, Init. Act, Nov.
1912; re-en. Sec. 10777, R. C. M. 1921.
94-1432. (10778) Copies of act to be furnished certain public officers
and candidates. The secretary of state shall, at the expense of the state,
furnish to the county clerk, and to the city and town clerks, auditors, and
recorders, copies of this act as a part of the election laws. In the filing of a
nomination petition or certificate of nomination, the secretary of state, in
the case of state and district offices for districts composed of one or more
counties, and county clerks for county offices, and the city and town
clerks, auditors, or recorders for municipal offices, shall transmit to the
several candidates, and to the treasurers of political committees, and to
political agents, as far as they may be known to such officer, copies of
this act, and also to am' other person required to file a statement such
copies shall be furnished upon application therefor. Upon his own infor-
mation, or at the written request of anj- voter, said secretary of state
shall transmit to any other person believed by him or averred to be a
candidate, or who may otherwise be required to make a statement, a copy
of this act.
History: En. Sec. 13, Init. Act, Nov.
1912; re-en. Sec. 10778, R. C. M. 1921.
94-1433. (10779) Inspection of accounts — complaints — statement of
receipts. The several officers with whom statements are required to be filed
shall inspect all statements of accounts and expenses relating to nominations
and elections filed Avith them within ten days after the same are filed ;
and if, upon examination of the official ballot, it appears that any person
has failed to file a statement as required by law, or if it appears to any
such officer that the statement filed with him does not conform to law,
or upon complaint in writing by a candidate or by a voter that a statement
filed does not conform to law or to the truth, or that any person has
failed to file a statement which he is by law required to file, said officer
shall forthwith in writing notify the delinquent person. Every such com-
plaint filed by a citizen or candidate shall state in detail the grounds of
objection, shall be sworn to by the complainant, and shall be filed with
the officer within sixty days after the filing of the statement or amended
statement. Upon the written request of a candidate or any voter, filed
within sixteen days after any convention, primary, or nominating election,
said secretary of state, county clerk, city or town clerk, auditor, or re-
corder, as the case may be, shall demand from any specified person or
candidate a statement of all his receipts, and from whom received, dis-
bursements and liabilities in connection with or in any way relating to
the nomination or election concerned, whether it is an office to which a
salary or compensation is attached or not, and said person shall thereupon
be required to file such statement and to comply with all the provisions
relating to statements herein contained. Whoever makes a statement re-
quired by this act shall make oath attached thereto that it is in all respects
376
CRIMES AND CRIMINAL PROCEDURE 94-1437
correct, complete, and true, to the best of his knowledge and belief, and
said verification shall be in snbstantially the form herein provided.
ffistory: En. Sec. 14, Inlt. Act, Nov.
1912; re-en. Sec. 10779, R. C. M. 1921.
94-1434. (10780) Prosecutions for failure to file statement. Upon the
failure of any person to file a statement within ten days after receiving no-
tice, under the preceding section, or if any statement filed as above discloses
any violation of any provision of this act relating to corrupt practices in
elections, or in any other provision of the election laws, the secretary of
state, tlie county clerk, or the city clerk, auditor, or recorder, as the case
may be, shall forthwith notify the county attorney of the county where
said violation occurred, and shall furnish him with copies of all papers
relating thereto, and said county attorney shall, within sixty days there-
after, examine every such case, and if the evidence seems to him to be
sufficient under the provisions of this act, he shall, in the name of the
state, forthwith institute such civil or criminal proceedings as may be
appropriate to the facts.
History: En. Sec. 15, Inlt. Act, Nov.
1912; re-en. Sec. 10780, E. C. M. 1921.
94-1435. (10781) Jurisdiction — court may compel filing of statements.
The district court of the county in which any statement of accounts and ex-
penses relating to nominations and elections should be filed, unless herein
otherwise provided, shall have exclusive original jurisdiction of all violations
of this act, and may compel any person who fails to file such a statement
as required by this act, or who files a statement which does not conform
to the provisions of this act in respect to its truth, sufficiency in detail, or
otherwise, to file a sufficient statement, upon the application of the attorney-
general or of the county attorney, or the petition of a candidate or of any
voter. Such petition shall be filed in the district court within sixty days
after such election if the statement was filed within the fifteen days required,,
but such a petition may be filed Avithin thirty days after any payment not
included in the statement so filed.
History: En. Sec. 16, Init. Act, Nov.
1912; re-en. Sec. 10781, R. C. M. 1921.
94-1436. (10782) Record of statements — copies. All statements shall
be preserved for six months after the election to which they relate, and shall
be public records subject to public inspection, and it shall be the duty of the
officers having custody of the same to give certified copies thereof in like
planner as of other public records.
History: En. Sec. 17, Init. Act, Nov.
1912; re-en. Sec. 10782, R. C. M. 1921;
amd. Sec. 1, Ch. 41, L. 1943.
94-1437. (10783) Payments in name of undisclosed principal. No per-
son shall make a payment of his own money or of another person's money to
any other person in connection with a nomination or election in any other
name than that of the person who in truth supplies such money; nor shall
any person knowingly receive such payment, or enter, or cause the same to
be entered, in his accounts or records in another name than that of the per-
son by whom it was actually furnished ; provided, if the money be received
377
94-1438 ELECTION LAWS
from the treasurer of any political organization, it shall be sufficient to
enter the same as received from said treasurer.
History: En. Sec. 18, Init. Act, Nov.
1912; r€-en. Sec. 10783, R. C. M. 1921.
94-1438. (10784) Promise to procure appointment or election. No per-
son shall, in order to aid or promote his nomination or election, directly or
indirectly, himself or through any other person, promise to appoint another
person, or promise to secure or aid in securing the appointment, nomination,
or election of another person to any public or private position or employ-
ment, or to any position of honor, trust, or emolument, except that he may
publicly announce or define what is his choice or purpose in relation to any
election in which he may be called to take part, if elected, and if he
is a candidate for nomination or election as a member of the legislative
assembly, he may pledge himself to voie for the people's choice for United
States senator, or state what his action will be on such vote.
History: En. Sec. 19, Init. Act, Nov.
1912; re-en. Sec. 10784, R. C. M. 1921.
94-1439. (10785) Public officer or employee not to contribute funds.
No holder of a public position or office, other than an office filled by the
voters, shall pay or contribute to aid or promote the nomination or election
of any other person to public office. No person shall invite, demand, or
accept payment or contribution from such holder of a public position or
office for campaign purposes.
History: En. Sec. 20, Init. Act, Nov.
1912; re-en. Sec. 10785, R. 0. M. 1921.
94-1440. (10786) Certain public officers prohibited from acting as dele-
gates or members of political committee. No holder of a public position,
other than an office filled by the voters, shall be a delegate to a convention
for the election district that elects the officer or board under whom he di-
rectly or indirectly holds such position, nor shall he be a member of a politi-
cal committee for such district.
History: En. Sec. 21, Init. Act, Nov.
1912; re-en. Sec. 10786, R. C. M. 1921.
94-1441. (10787) Transfer of convention credential. No person shall
invite, offer, or effect the transfer of any convention credential in return for
any payment of money or other valuable thing.
History: En. Sec. 22, Init. Act, Nov.
1912; re-en. Sec. 10787, R. C. M. 1921.
94-1442. (10788) Inducing person to be or not to be candidate. No
person shall pay, or promise to reward another, in any manner or form, for
the purpose of inducing him to be or refrain from or cease being a candi-
date, and no person shall solicit any payment, promise, or reward from
another for such purpose.
History: En. Sec. 23, Init. Act, Nov.
1912; re-en. Sec. 10788, R. C. M. 1921.
94-1443. (10789) What demands or requests shall not be made of candi-
dates. No person shall demand, solicit, ask, or invite any payment or contri-
bution for any religious, political, charitable, or other cause or organization
supposed to be primarily or principally for the public good, from a person
378
CRIMES AND CRIMINAL PROCEDURE 94-1445
who seeks to be or has been noniiimted or elected to any oflRce ; and no
such candidate or elected person shall make any such payment or contri-
bution if it shall be demanded or asked durinfj the time he is a candidate
for nomination or election to or an incumbent of any office. No payment
or contribution for any purpose shall be made a condition precedent to
the putting: of a name on any caucus or convention ballot or nomination
paper or petition, or to the performance of any duty imposed by law on
a political committee. No person shall demand, solicit, ask, or invite any
candidate to subscribe to the support of any club or organization, to buy
tickets to any entertainment or ball, or to subscribe for or pay for space
in any book, program, periodical, or other publication; if any candidate
shall make any such payment or contribution with apparent hope or intent
to influence the result of the election, he shall be guilty of a corrupt
practice ; but this section shall not apply to the soliciting of any business
advertisement for insertion in a periodical in which such candidate was
regularh' advertising prior to his candidacy, nor to ordinary business ad-
vertising, nor to his regular payment to any organization, religious, char-
itable, or otherwise, of which he may have been a member, or to which
he may have been a contributor, for more than six months before his can-
didacy, nor to ordinary contributions at church services.
History: En. Sec. 24, Init. Act, Nov.
1912; re-en. Sec. 10789, R. C. M. 1921.
94-1444. (10790) Contributions from corporations, public utilities and
others. No corporation, and no person, trustee, or trustees owning or hold-
ing the majority of the stock of a corporation carrying on the business of a
bank, savings bank, co-operative bank, trust, trustee, surety, indemnity, safe
deposit, insurance, railroad, street-railway, telegraph, telephone, gas, elec-
tric light, heat, power, canal, aqueduct, water, cemetery, or crematory
company, or any company having the right to take or condemn land, or
to exercise franchises in public ways granted by the state or by any county,
city, or town, shall pay or contribute in order to aid, promote, or prevent
the nomination or election of any person, or in order to aid or promote
the interests, success, or defeat of any political party or organization. No
person shall solicit or receive such payment or contribution from such
corporation or such holders of a majority of such stock.
History: En. Sec. 25, Init. Act, Nov.
1912; re-en. Sec. 10790, R. C. M. 1921.
94-1445. (10791) Treating. Any person or candidate who shall, either
by himself or by any other person, either before or after an election, or while
such person or candidate is seeking a nomination or election, directly or
indirectly, give or provide, or pay, wholly or in part, the expenses of giving
or providing any meat or drink, or other entertainment or provision, cloth-
ing, liquors, cigars, or tobacco, to or for any person for the purpose of or
with intent or hope to influence that person, or any other person, to give
or refrain from giving his vote at such election to or for any candidate
or political party ticket, or measure before the people, or on account of
such persons, or any other person, having voted or refrained from voting
for any candidate or the candidates of any political party or organization
or measure before the people, or being about to vote or refrain from
379
94-1446 ELECTION LAWS
voting at such election, shall be guilty of treating. Every elector who
accepts or takes any such meat, drink, entertainment, provision, clothing,
liquors, cigars, or tobacco, shall also be guilty of treating; and such
acceptance shall be a ground of challenge to his vote and of rejecting his
vote on a contest.
History: En. Sec. 26, Init. Act, Nov.
1912; re-en. Sec. 10791, R. C. M. 1921.
94-1446. (10792) Challenging voters — procedure. Whenever any per-
son's right to vote shall be challenged, and he has taken the oath prescribed
by the statutes, and if it is at a nominating election, then it shall be the duty
of the clerks of election to write in the poll-books at the end of such person's
name the words "challenged and sworn," with the name of the challenger.
Thereupon the chairman of the board of judges shall write upon the back
of the ballot offered by such challenged voter the number of his ballot, in
order that the same may be identified in any future contest of the results
of the election, and be cast out if it shall appear to the court to have been
for any reason wrongfully or illegally voted for any candidate or on any
question. And such marking of the name of such challenged voter, nor
the testimony of any judge or clerk of election in reference thereto, or in
reference to the manner in which said challenged person voted, if said
testimony shall be given in the course of any contest, investigation, or
trial wherein the legality of the. vote of such person is questioned for any
reason, shall not be deemed a violation of section 94-1407.
History: En. Sec. 27, Init. Act, Nov.
1912; re-en. Sec. 10792, R. C. M. 1921.
94-1447. (10793) Coercion or undue influence of voters. Every person
who shall, directly or indirectly, by himself or any other person in his be-
half, make use of or threaten to make use of any force, coercion, violence,
restraint, or undue influence, or inflict or threaten to inflict, by himself or
any other person, any temporal or spiritual injury, damage, harm, or loss
upon or against any person in order to induce or compel such person to vote
or refrain from voting for any candidate, or the ticket of any political party,
or any measure before the people, or any person who, being a minister,
preacher, or priest, or any officer of any church, religious or other corpo-
ration or organization, otherwise than by public speech or print, shall urge,
persuade, or command any voter to vote or refrain from voting for or
against any candidate or political party ticket or measure submitted to
the people, for or on account of his religious duty, or the interest of any
corporation, church, or other organization, or who shall, by abduction,
duress, or any fraudulent contrivance, impede or prevent the free exercise
of the franchise by any voter at any election, or shall thereby compel,
induce, or prevail upon any elector to give or to refrain from giving his
vote at any election, shall be guilty of undue influence, and shall be punished
as for a corrupt practice.
History: En. Sec. 28, Init. Act, Nov.
1912; re-en. Sec. 10793, R. C. M. 1921.
94-1448. (10794) Bets or wagers on election results. Any candidate
who, before or during any election campaign, makes any bet or wager of
anything of pecuniary value, or in any manner becomes a party to any such
380
CRIMES AND CRIMINAL PROCEDURE 94-1451
bet or wa{?er on the result of the election in his electoral district, or in any
part thereof, or on any event or contin^^ency relating? to any pendinf? elec-
tion, or who provides money or other valuables to be used by any person in
betting or wagering upon the results of any impending election, shall be
guilty of a corrupt practice. Any person who, for the purpose of influencing
the result of any election, makes any bet or wager of anything of pecuniary
value on the result of such election in his electoral district, or any part
thereof, or of any pending election, or on any event or contingency relating
thereto, shall be guilty of a corrupt practice, and in addition thereto any
such act shall be ground of challenge against his right to vote.
History: En. Sec. 29, Init. Act, Nov.
1912; re-en. Sec. 10794, R. C. M. 1921.
94-1449. (10795) Personating^ another elector — penalty. Any person
shall be deemed guilty of the offense of personation who, at any election,
applies for a ballot in the name of some other person, whether it be that of a
person living or dead, or of a fictitious person, or who, having voted once at
an election, applies at the same election for a ballot in his own name ; and
on conviction thereof such person shall be punished by imprisonment in
the penitentiary at hard labor for not less than one nor more than three
years.
History: En. Sec. 30, Init. Act, Nov.
1912: re-en. Sec. 10795, R. C. M. 1921.
94-1450. (10796) Corrupt practice, what constitutes. Any person shall
be guilty of a corrupt practice, within the meaning of this act, if he expends
any money for election purposes contrary to the provisions of any statute of
this state, or if he is guilty of treating, undue influence, personation, the
giving or promising to give, or offer of any money or valuable thing to
any elector, with intent to induce such elector to vote for or to refrain
from voting for any candidate for public office, or the ticket of any political
party or organization, or any measure submitted to the people, at any elec-
tion, or to register or refrain from registering as a voter at any state, dis-
trict, county, city, town, village, or school district election for public offices
or on public measures. Such corrupt practice shall be deemed to be prev-
alent when instances thereof occur in different election districts similar in
character and sufficient in number to convince the court before which any
case involving the same may be tried that they were general and common,
or were pursuant to a general scheme or plan.
History: En. Sec. 31, Init. Act, Nov.
1912; re-en. Sec. 10796, R. C. M. 1921.
94-1451. (10797) Compensating voter for loss of time — badges and in-
signia. It shall be unlawful for any person to pay another for any loss or
damage due to attendance at the polls, or in registering, or for the expense
of transportation to or from the polls. No person shall pay for personal
service to be performed on the day of a caucus, primary, convention, or
any election, for any purpose connected therewith, tending in any way,
directly or indirectly, to affect the result thereof, except for the hiring of
persons whose sole duty is to act as challengers and watch the count of
official ballots. No person shall buy, sell, give, or provide any political
badge, button, or other insignia to be worn at or about the polls on the
381
94-1452 ELECTION LAWS
day of any election, and no such political badge, button, or other insignia
shall be worn at or about the polls on any election day.
History: En. Sec. 32, Init. Act, Nov,
1912; re-en. Sec. 10797, R. C. M. 1921.
94-1452. (10798) Publications in newspapers and periodicals. No pub-
lisher of a newspaper or other periodical shall insert, either in its advertis-
ing or reading columns, any paid matter which is designed or tends to aid,
injure, or defeat any candidate or any political party or organization, or
measure before the people, unless it is stated therein that it is a paid adver-
tisement, the name of the chairman or secretary, or the names of the other
officers of the political or other organization inserting the same, or the name
of some voter who is responsible therefor, with his residence and the street
number thereof, if any, appear in such advertisement in the nature of a
signature. No person shall pay the owner, editor, publisher, or agent of
any newspaper or other periodical to induce him to editorially advocate or
oppose any candidate for nomination or election, and no such owner, editor,
publisher, or agent shall accept such payment. Any person who shall violate
any of the provisions of this section shall be punished as for a corrupt
practice.
History: En. Sec. 33, Init. Act, Nov.
1912; re-en. Sec. 10798, R. C. M. 1921.
94-1453. (10799) Solicitation of votes on election day. It shall be un-
lawful for any person at any place on the day of any election to ask, solicit,
or in any manner try to induce or persuade any voter on such election day
to vote for or refrain from voting for any candidate, or the candidates or
ticket of any political party or organization, or any measure submitted
to the people, and upon conviction thereof he shall be punished by fine of
not less than five dollars nor more than one hundred dollars for the first
offense, and for the second and each subsequent offense occurring on the
same or different election days, he shall be punished by fine as aforesaid,
or by imprisonment in the county jail for not less than five nor more than
thirty days, or by both such fine and imprisonment.
History: En. Sec. 34, Init. Act, Nov.
1912; re-en. Sec. 10799, R. C. M. 1921.
94-1454. (10800) Political criminallibel. It shall be unlawful to write,
print, or circulate through the mails or otherwise any letter, circular, bill,
placard, or poster relating to any election or to any candidate at any elec-
tion, unless the same shall bear on its face the name and address of the au-
thor, and of the printer and publisher thereof; and any person writing,
printing, publishing, circulating, posting, or causing to be written, printed,
circulated, posted, or published any such letter, bill, placard, circular, or
poster as aforesaid, which fails to bear on its face the name and address of
the author and of the printer or publisher, shall be guilty of an illegal
practice, and shall on conviction thereof be punished by a fine of not less
than ten dollars nor more than one thousand dollars. If any letter, circular,
poster, bill, publication, or placard shall contain any false statement or
charges reflecting on any candidate's character, morality, or integrity, the
author thereof, and every person printing or knowingly assisting in the
circulation, shall be guilty of political criminal libel, and upon conviction
382
I
CRIMES AND CRIMINAL PROCEDURE 94-1456
thereof shall be punished by imprisonment in tiie penitentiary for not less
than one nor more than three years. If tlic person ehar^'cd with sucli
crime shall prove on his trial that he had reasonable j^'round to believe
such charge was true, and did believe it was true, and that he was not
actuated by malice in making such publication, it shall be a sufficient
defense to such charge. But in that event, and as a part of such defense,
the author and the printer or publisher or other person charged with
such crime shall also prove that, at least fifteen days before such letter,
circular, poster, bill, or placard containing such false statement or state-
ments was printed or circulated, he or they caused to be served personally
and in person upon the candidate to Avhom it relates a copy thereof in
writing, and calling his attention particularly to the charges contained
therein, and that, before printing, publishing, or circulating such charges,
he received and read any denial, defense, or explanation, if any, made or
offered to him in writing by the accused candidate within ten days after
the service of such charge upon the accused person.
History: En. Sec. 35, Inlt. Act, Nov.
1912; re-en. Sec. 10800, R. C. M. 1921.
94-1455. (10801) Filing of statement of expenses by candidate. The
name of a candidate chosen at a primary nominating election, or otherwise,
shall not be printed on the official ballot for the ensuing election, unless there
has been filed by or on behalf of said candidate the statements of accounts
and expenses relating to nominations required by this act, as well as a
statement by his political agent and by his political committee or com-
mittees in his behalf, if his statement discloses the existence of such agent,
committee, or committees. The officer or board entrusted by law with the
preparation of the official ballots for any election shall, as far as prac-
ticable, warn candidates of the danger of the omission of their names by
reason of this provision, but delay in making any such statement beyond
the time prescribed shall not preclude its acceptance or prevent the in-
sertion of the name on the ballot, if there is reasonable time therefor after
the receipt of such statements. Any such vacancy on the ballot shall be
filled by the proper committee of his political party in the manner author-
ized by law, but not by the use of the name of the candidate who failed
to file such statements. No person shall receive a certificate of election
until he shall have filed the statements required by this act.
History: En. Sec. 36, Init. Act, Nov.
1912; re-en. Sec. 10801, R. C. M. 1921.
94-1456. (10802) Inducement to accept or decline nomination. It shall
be unlawful for any person to accept, receive, or pay money or any valuable
consideration for becoming or for refraining from becoming a candidate
for nomination or election, or by himself or in combination with any other
person or persons to become a candidate for the purpose of defeating the
nomination or election of any other person, and not with a bona fide intent
to obtain the office. Upon complaint made to any district court, if the
judge shall be convinced that any person has sought the nomination, or
seeks to have his name presented to the voters as a candidate for nomi-
nation by any political party, for any mercenary or venal consideration
or motive, and that his candidacy for the nomination is not in good faith.
383
94-1457 ELECTION LAWS
the judge shall forthwith issue his writ of injunction restraining the officer
or officers whose duty it is to prepare the official ballots for such nomi-
nating election from placing the name of such person thereon as a can-
didate for nomination to any office. In addition thereto, the court shall
direct the county attorney to institute criminal proceedings against such
person or persons for corrupt practice, and upon conviction thereof he
and any person or persons combining with him shall be punished by a fino
of not more than one thousand dollars, or imprisonment in the county jail
for not more than one year.
History: En. Sec. 37, Init. Act, Nov.
1912; re-en. Sec. 10802, R. C. M. 1921.
94-1457. (10803) Forfeiture of nomination or oflBce for violation of law,
when not worked. Where, upon the trial of any action or proceeding under
the provisions of this act for the contest of the right of any person declared
nominated or elected to any office, or to annul or set aside such nomi-
nation or election, or to remove a person from his office, it appears from
the evidence that the offense complained of was not committed by the
candidate, or with his knowledge or consent, or was committed without
his sanction or connivance, and that all reasonable means for preventing
the commission of such offense at such election were taken by and on
behalf of the candidate, or that the offense or offenses complained of Avere
trivial, unimportant, and limited in character, and that in all other respects
his participation in the election was free from such offenses or illegal acts,
or that any act or omission of the candidate arose from inadvertence or
from accidental miscalculation, or from some other reasonable cause of a
like nature, and in any case did not arise from any want of good faith,
and under the circumstances it seems to the court to be unjust that the
said candidate shall forfeit his nomination or office, or be deprived of any
office of which he is the incumbent, then the nomination or election of
such candidate shall not by reason of such offense or omission complained
of be void, nor shall the candidate be removed from or deprived of his
office.
History: En. Sec. 38, Init. Act, Nov.
1912; re-en. Sec. 10803, R. C. M. 1921.
94-1458. (10804) Punishment for violation of act. If, upon the trial of
any action or proceeding under the provisions of this act, for the contesting
of the right of any person declared to be nominated to an office, or elected
to an office, or to annul and set aside such election, or to remove any
person from his office, it shall appear that such person was guilty of any
corrupt practice, illegal act, or undue influence, in or about such nomi-
nation or election, he shall be punished by being deprived of the nomi-
nation or office, as the case may be, and the vacancy therein shall be filled
in the manner provided by law. The only exception to this judgment shall
be that provided in the preceding section of this act. Such judgment shall
not prevent the candidate or officer from being proceeded against by in-
dictment or criminal information for any such act or acts.
History: En. Sec. 39, Init. Act, Nov.
1912; re-en. Sec. 10804, R. C. M. 1921.
94-1459. (10805) Time for commencing- contest. Any action to contest
384
CRIMES AND CRIMINAL PROCEDURE 94-1463
the right of any person declared elected to an office, or to annul and set
aside such election, or to remove from or deprive any person of an office of
which he is the incumbent, for any otfonse mentioned in this act, must, un-
less a different time be stated, be commenced within forty days after the
return day of the election at which such offense was committed, unless the
ground of the action or proceeding is for the illegal payment of money
or other valuable thing subsequent to the filing of the statements prescribed
by this act, in which case the action or proceeding may be commenced
within forty days after the discovery by the complainant of such illegal
payment. A contest of the nomination or office of governor or representa-
tive or senator in congress must be commenced within twenty days after
the declaration of the result of the election, but this shall not be construed
to apply to any contest before the legislative assembly.
History: En. Sec. 40, Init. Act, Nov.
1912; re-en. Sec. 10805, R. C. M. 1921.
94-1460. (10806) Court having jurisdiction of proceedings. An appli-
cation for filing a statement, payment of a claim, or correction of an error or
false recital in a statement filed, or an action or proceeding to annul and set
aside the election of any person declared elected to an office, or to remove
or deprive any person of his office for an offense mentioned in this act, or
any petition to excuse any person or candidate in accordance with the power
of the court to excuse as provided in section 94-1457, must be made or filed
in the district court of the county in which the certificate of his nomination
as a candidate for the office to which he is declared nominated or elected is
filed, or in which the incumbent resides.
History: En. Sec. 41, Init. Act, Nov.
1912; re-en. Sec. 10806, B. C. M. 1921.
94-1461. (10807) Repealed— Chapter 50, Laws of 1947.
94-1462. (10808) Duty of county attorney on violation of act — penalty
for neglect or refusal to act. If any county attorney shall be notified by
any officer or other person of any violation of any of the provisions of this
act within his jurisdiction, it shall be his duty forthwith to diligently inquire
into the facts of such violation, and if there is reasonable ground for
instituting a prosecution, it shall be the duty of such county attorney to
file a complaint or information in writing, before a court of competent
jurisdiction, charging the accused person with such offense; if any county
attorney shall fail or refuse to faithfully perform any duty imposed upon
him by this act, he shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall forfeit his office. It shall be the duty of the
county attorney, under penalty of forfeiture of his office, to prosecute any
and all persons guilty of any violation of the provisions of this act, the
penalty of which is fine or imprisonment, or both, or removal from office.
History: En. Sec. 43, Init. Act, Nov.
1912; re-en. Sec. 10808, R. C. M. 1921.
94-1463. (10809) Declaration of result of election after rejection of
illegal votes. If, in any case of a contest on the ground of illegal votes, it
appears that another person than the one returned has the highest number of
legal votes, after the illegal votes have been eliminated, the court must
385
94-1464 ELECTION LAWS
declare such person nominated or elected, as the case may be.
History: En. Sec. 44, Inlt. Act, Nov.
1912; re-en. Sec. 10809, R. C, M. 1921.
94-1464. (10810) Grounds for contest of nomination or office. Any elec-
tor of the state, or of any political or municipal division thereof, may con-
test the right of any person to any nomination or office for which such elec-
tor has the right to vote, for any of the following causes :
1. On the ground of deliberate, serious, and material violation of any
of the provisions of this act, or of any other provision of the law relating
to nominations or elections.
2. When the person whose right was contested was not, at the time of
the election, eligible to such office.
3. On account of illegal votes or an erroneous or fraudulent count or
canvass of votes.
History: En. Sec. 45, Inlt. Act, Nov.
1912; re-en. Sec. 10810, R. C. M. 1921.
94-1465. (10811) Nomination or election not to be vacated, when.
Nothing in the third ground of contest specified in the preceding section is
to be so construed as to authorize a nomination or election to be set aside on
account of illegal votes, unless it appear, either that the candidate or
nominee whose right is contested had knowledge of or connived at such
illegal votes, or that the number of illegal votes given to the person whose
right to the nomination or office is contested, if taken from him, would
reduce the number of his legal votes below the number of votes given to
some other person for the same nomination or office, after deducting
therefrom the illegal votes which may be shown to have been given to such
other person.
History: En. Sec. 46, Init. Act, Nov.
1912; re-en. Sec. 10811, R. C. M. 1921.
94-1466. (10812) Reception of illegal votes, alleg-ations and evidence.
When the reception of illegal votes is alleged as a cause of contest, it shall be
sufficient to state generally that in one or more specified voting precincts
illegal votes were given to the person whose nomination or election is
contested, which, if taken from him, will reduce the number of his legal
votes below the number of legal votes given to some other person for the
same office ; but no testimony shall be received of any illegal votes, unless
the party contesting such election deliver to the opposite party, at least
three days before such trial, a written list of the number of illegal votes,
and by whom given, which he intends to prove on such trial. This provi-
sion shall not prevent the contestant from offering evidence of illegal
votes not included in such statement, if he did not know and by reasonable
diligence was unable to loarn of such additional illegal votes, and by whom
they were given, before delivering such written list.
History: En. Sec. 47, Init. Act, Nov.
1912; re-en. Sec. 10812, R. C. M. 1921.
94-1467. (10813) Contents of contest petition — amendment — bond —
costs — citation — precedence. Any petition contesting tlie right of any per-
son to a nomination or election shall set forth the name of every person
whose election is contested, and the grounds of the contest, and shall not
thereafter be amended, except by leave of the court. Before any proceed-
386
CRIMES AND CRIMINAL PROCEDURE 94-1469
ing thereon the petitioner shall give bond to the state in snch snni as the
court may order, not exceeding two thousand dollars, with not less than
two sureties, who shall justify in the mann(>r r('(|uired of sureties on hail-
bonds, conditioned to pay all costs, disbursements, and attorney's fees
that may be awarded against him if he shall not prevail. If the petitioner
prevails, he may recover his costs, disbursements, and reasonable attorney's
fees against the contestee. But costs, disbursements, aiul attorney's fees,
in all such cases, shall be in the discretion of tlie court, and in case judg-
ment is rendered against the petitioner, it shall also be rendered against
the sureties on the bond. On the filing of any such petition, the clerk
shall immediately notify the judge of the court, and issue a citation to
the person whose nomination or office is contested, citing them to appear
and answer, not less than three nor more than seven days after the date
of filing the petition, and the court shall hear said cause, and every such
contest shall take precedence over all other business on the court docket,
and shall be tried and disposed of with all convenient despatch. The court
shall always be deemed in session for the trial of such cases.
History: En. Sec. 48, Init. Act, Nov.
1912; re-en. Sec, 10813, R. C. M. 1921.
94-1468. (10814) Hearings of contest. The petitioner (contestant) and
the contestee ma}' appear and produce ^evidence at the hearing, but no per-
son, other than the petitioner and contestee, shall be made a party to the
proceedings on such petition ; and no person, other than said parties and
their attorneys, shall be heard thereon, except by order of the court. If
more than one petition is pending, or the election of more than one person is
contested, the court may, in its discretion, order the cases to be heard
together, and may apportion the costs, disbursements, and attorney's fees
between them, and shall finalh' determine all questions of law and fact,
save only that the judge may, in his discretion, impanel a jury to decide
on questions of fact. In the case of other nominations or elections, the court
shall forthwith certify its decision to the board or official issuing certificates
of nomination or election, which board or official shall thereupon issue
certificates of nomination or election to the person or persons entitled thereto
by such decision. If judgment of ouster against a defendant shall be
rendered, said judgment shall award the nomination or office to the person
receiving next the highest number of votes, unless it shall be further de-
termined in the action, upon appropriate pleading and proof by the de-
fendant, that some act has been done or committed which would have been
ground in a similar action against such person, had he received the highest
number of votes for such nomination or office, for a judgment of ouster
against him ; and if it shall be so determined at the trial, the nomination or
office shall be by the judgment declared vacant, and shall thereupon be
filled by a new election, or by appointment, as may be provided by law re-
garding vacancies in such nomination or office.
History: En. Sec. 49, Init. Act, Nov.
1912; re-en. Sec. 10814, R. C. M. 1921.
94-1469. (10815) Corporations — proceedings aguinst, for violation of
act. In like manner as prescribed for the contesting of an election, any
corporation organized under the laws of or doing business in the state of
387
94-1470 ELECTION LAWS
Montana may be brought into court on the ground of deliberate, serious, and
material violation of the provisions of this act. The petition shall be filed in
the district court in the county where said corporation has its principal of-
fice, or where the violation of law is averred to have been committed. The
court, upon conviction of such corporation, maj^ impose a fine of not more
than ten thousand dollars, or may declare a forfeiture of the charter and
franchises of the corporation, if organized under the laws of this state, or
if it be a foreign corporation, may enjoin said corporation from further
transacting business in this state, or by both such fine and forfeiture, or
by both such fine and injunction.
History: En. Sec. 50, Init. Act, Nov.
1912; re-en. Sec. 10815, R. C. M. 1921,
94-1470. (10816) Penalty for violations not otherwise provided for.
Whoever violates any provision of this act, the punishment for which is not
specially provided by law, shall on conviction thereof be punished by im-
prisonment in the county jail for not more than one year, or by a fine of not
more than five thousand dollars, or by both such fine and imprisonment.
History: En. Sec. 51, Init. Act, Nov.
1912; re-en. Sec. 10816, R. C. M. 1921.
94-1471. (10817) Advancement of cases — dismissal, when — privileges of
witnesses. Proceedings under this act shall be advanced on the docket upon
request of either party for speedy trial, but the court may postpone or con-
tinue such trial if the ends of justice may be thereby more effectually se-
cured, and in case of such continuance or postponement, tlie court may im-
pose costs in its discretion as a condition thereof. No petition shall be dis-
missed without the consent of the county attorne3^ unless the same shall be
dismissed by the court. No person shall be excused from testifying or jiro-
(lucing papers or documents on the ground that his testimony or the pro-
duction of papers or documents will tend to criminate him ; but no ad-
mission, evidence, or paper made or advanced or produced by such person
shall be offered or used against him in any civil or criminal prosecution,
or any evidence that is the direct result of such evidence or information
that he may have so given, except in a prosecution for perjury committed
in such testimony.
History: En. Sec. 52, Init. Act, Nov.
1912; re-en. Sec. 10817, R. O. M. 1921.
94-1472. (10818) Form of complaint. A petition or complaint filed
under the provisions of this act shall be sufficient if it is substantially in the
following form:
In the District Court of the
Judicial District,
for the County of , State of Montana.
A B (or A B and CD), Contestants,
vs.
E F, Contestee.
The petition of contestant (or contestants) above named alleges:
That an election was held (in the state, district, county, or city
of ), on the day of , A. D. 19 ,
for the (nomination of a candidate for) (or election of a) (state the office).
388
CRIMES AND CRIMINAL PROCEDURE 94-1473
That and were candidates at said
election, and the board of canvassers has returned the said
as being duly nominated (or elected) at said election.
That contestant A B voted (or had a right to vote, as the case may
be) at said election (or claims to have had a right to be returned as the
nominee or officer elected or nominated at said election, or was a candidate
at said election, as the case may be), and said contestant C D (here state
in like manner the right of each contestant).
And said contestant (or contestants) further allege (here state the facts
and grounds on which the contestants rely).
Wherefore, your contestants pray that it may be determined by the
court that said was not duly nominated (or elected), and
that said election was void (or that the said A B or C D, as the case may
be) was duly nominated (or elected), and for such other and further relief
as to the court may seem just and legal in the premises.
Said complaint shall be verified by the affidavit of one of the petitioners
in the manner required by law for the verification of complaints in civil
cases.
History: En. Sec. 53, Init. Act, Nov.
1912; re-en. Sec. 10818, R. C. M. 1921.
94-1473. (10819) Form of statement of expenses. The statement of ex-
penses required from candidates and others by this act shall be in sub-
stantially the following form :
State of Montana, County of , ss.
I, , having been a candidate (or expended money) at the
election for the (state) (district) (county) (city) of , on
the day of , A. D. 19 , being first duly sworn,
on oath do say: That I have carefully examined and read the return of
my election expenses and receipts hereto attached, and to the best of my
knowledge and belief that return is full, correct, and true.
And I further state on oath that, except as appears from this return,
I have not, and to the best of my knowledge and belief, no person, nor
any club, society, or association has on my behalf, whether authorized by
me or not, made any payment, or given, promised, or offered any reward,
office, employment, or position, public or private, or valuable consideration,
or incurred any liability on account of or in respect of the conduct or
management of the said nomination or election.
And I further state on oath that, except as specified in this return, I
have not paid any money, security, or equivalent for money, nor has any
money or equivalent for money, to my knowledge or belief, been paid,
advanced, given, or deposited by any one to or in the hands of myself or
any other person for my nomination or election, or for the purpose of
paying any expenses incurred on my behalf on account or in respect of
the conduct or management of the said election.
And I further state on oath that I will not, except so far as I may be
permitted by law, at any future time make or be a party to the making
or giving of any payment, reward, office, position, or employment, or
valuable consideration, for the purpose of defraj'ing any such expenses
or obligations as herein mentioned for or on account of my nomination or
389
94-1474 ELECTION LAWS
election, or provide or be a party to the providing of any money, security,
or equivalent for money for the purpose of defraying any such expense.
(Signature of affiant)
Subscribed and sworn to before me by the above-named ,
on the day of , A. D. 19
Attached to said affidavit shall be a full and complete account of the
receipts, contributions, and expenses of said affiant, and of his supporters
of which he has knowledge, with numbered vouchers for all sums and
payments for which vouchers are required as to all money expended by
affiant. The affidavit and account of the treasurer of any committee or
any political party or organization shall be, as nearly as may be, in the
same form, and so also shall be the affidavit of any person who has received
or expended money in excess of the sum of fifty dollars to aid in securing
the nomination or election or defeat of any candidate, or of any political
party or organization, or of any measure before the people.
History: En. Sec. 54, Init. Act, Nov.
1912; re-en. Sec. 10819, R. C. M. 1921.
94-1474. (10820) False oaths or afladavits — perjury. Any person who
shall knowingly make any false oath or affidavit where an oath or affidavit
is required by this law shall be deemed guilty of perjury and punished
accordingly.
History: En. Sec. 55, Init. Act, Nov.
1912; re-en. Sec. 10820, R. C. M. 1921.
94-1475. Political literature to contain name of officer of organization
or person publishing and producing. It shall be unlawful for anj- person
to publish, print, mimeograph, type or otherwise produce any dodger, bill,
handbill, pamphlet or other document which is designed to aid, injure or
defeat any candidate or any political party or organization or measure
before the people unless it is stated therein the name of the chairman or
secretary, or the names of the other officers of the political or other organi-
zation publishing, printing, mimeographing, typing or otherwise producing
such dodger, bill, handbill, pamphlet or other document or the name of
some voter who is responsible therefor with his residence and street address,
if any, together with the name of the publisher, printer or the producer
thereof with his residence and street address, if any, or his place of business.
History: En. Sec. 1, Ch. 74, L. 1951.
94-1476. Violation of preceding section a misdemeanor. Any person
who shall violate the provisions of this act shall be guilty of a misdemeanor.
History: En. Sec. 2, Cli. 74, L. 1951.
390
INDEX
References are to Title and Section numbers
ABSENTEE VOTING
Absentee voting in precincts where voting machines used, 23-1319
Application for ballot, contents and time for making, 23-1302
delivery of application to elector on request, 23-1305
form, 23-1303
transmission of application to county clerk, 23-1304
Authorized, 23-1301
Ballots
delivery, 23-1305
delivery or mailing by clerks to election judges, 23-1309
mailing by special delivery, 23-1314
depositing in box by judges, 23-1313
disposition upon receipt by clerk, 23-1308
mailing, form of return and affidavit, 23-1306
marking and swearing to ballot by elector, 23-1307
rejected ballots, 23-1311; 23-1313
sealing in envelope, 23-1307
Delivery or mailing of ballots to election judges by clerks, 23-1309
Duty of election judges, 23-1311
Envelopes containing ballots, opening, 23-1313
False swearing, perjury, 23-1318
Marking and swearing to ballot by elector, 23-1307
Official misconduct, penalty, 23-1318
Person present on election day
duty of elector if present on election day, 23-1320
opening of envelopes after deposit, 23-1317
procedure, 23-1316
voting in person authorized if absentee ballot not already deposited, 23-1315
Poll-books, insertion of names and numbers by judges, 23-1311
Prospective absentees, absentee voting, 23-1312
Record of ballots delivered, 23-1310
Registration of absent electors in United States service — See ELECTIONS, Registra-
tion of electors, absent electors in United States service
Violation of law by elector or officer outside state, penalty, 23-1321
AIRPORTS
Borrowing money for in excess of annual levy, submission to electors, 1-804
ALCOHOLIC BEVERAGES
Closing hours during primary or general elections
beer establishments, 4-303
liquor establishments, 4-414
Local option — beer
ballots, contents, 4-352
conduct of election, 4-353
contest of election, 4-356
no election more than once in two years, 4-355
notice of election, 4-351
petition for election, 4-350
time for election, 4-350
vote against sale of beer, effect, 4-354
Local option — intoxicating liquors
ballots, contents, 4-144
contest of election, 4-149
391
INDEX
References are to Title and Section numbers
AIiCOHOLIC BEVERAGES (Continued)
Local option — intoxicating liquors (Continued)
majority of votes against sale, existing licenses cancelled, 4-146
manner of conducting elections, 4-145
no election more than once in two years, 4-147
notice of election, 4-143
petition for election, 4-142
sale of liquor is prohibited if majority of votes against sale, 4-148
time for election, 4-142
Retail liquor license act — local option
adoption of local option not to prevent sale by state liquor store under liquor
control act, 4-435
ballots, form, 4-433
conduct of elections, 4-434
contest of election, 4-436
effect of election, 4-435
election, time for holding, 4-431
notice of election, 4-432
petition against act, 4-431
restrictions on holding second election, 4-437
AMENDMENTS TO CONSTITUTION OF UNITED STATES
Convention to ratify
certificate of result, transmission to secretary of state, 23-2409
compensation of delegates and officers, 23-2408
convention of delegates, time for, 23-2406
convention to be held when Congress proposes amendment and that same be
ratified by convention in states, 23-2401
delegates
election, 23-2402; 23-2404
form of ballot, 23-2405
nomination of, 23-2403
number, 23-2402
qualifications of signers of petitions and electors, 23-2410
federal acts to supersede state provisions concerning amendments, 23-2411
officers, 23-2407
procedure, 23-2407
quorum, 23-2407
ATTORNEY GENERAL
Election of provided for, term. Art. VII, § 1
Manner of election. Art. VII, § 2
Qualifications, Art. VII, § 3
BALLOTS
Absentee voting ballot — See ABSENTEE VOTING
All elections to be by ballot, Art. IX, § 1
Arrangement of names alphabetically, 23-1107
Ballot boxes, 23-706
exhibiting of box before receiving ballots, 23-708
not to be removed from polling place until ballots counted, 23-708
size of opening, 23-707
Blank spaces, 23-1113 .
Borrowing of money by counties, form of ballots, 16-2306 f
Candidates for state senate or house of representatives, placement on ballot, 23-1108
Candidates of two major parties to appear before independent candidates, 28-1107
Color, 23-1105
Columns, 23-1109
Commissioners under commission-manager form of cities, form, 11-3216
Consolidation of city and county, 11-3404
County clerk to provide printed ballots, 23-1102
Creation of new counties, form, 16-505
Delegates to constitutional convention, form of ballot, 23-2405
392
INDEX
References are to Titli- iiiiU Seciion numbers
BAT.TiOTS (Continued)
Delivery of official ballots to elector, 23-1209
Delivery to judges of election, 23-705
Direct primary ballots, counting, 23-906
Election of commissioners in city and county consolidated government, 11-353")
Election on question of location of county seat, form, 16-408
Form, 23-1105; 23-1112
Increased tax levy for county road and bridge construction, 16-2202
Initiative and referendum, 37-106
Margin, 23-1113
Material to be printed on ballots, 23-1109; 23-1110
Municipal bond and indebtedness elections, form of ballots, 11-2309
Municipal elections, municipal clerk to perform duties of county clerk, 23-1103
Names and party of candidate to be printed on, 23-1106
Not to be shown after being marked, 23-1207
Number provided for each precinct, 23-1117
Order of placement of state, national, county and township candidates, 23-1111
Organization of city as commission form of government, form of ballot, 11-3104
Primary election ballots for elections in commission form cities, 11-3112
Primary elections
arrangement, 23-919
arrangement of names by county clerks, 23-917
arrangement of names by secretary of state, 23-916
furnished by counties, 23-918
how voted, 23-919
number furnished precincts, 23-920
sample ballots, 23-920
Printed at pubUc expense, 23-1101
Printing of instructions on stub, 23-1114
Proposed ordinance under city-manager form of government, form of ballot, 11-3235
Question submitted to the people, preparation of ballot, 23-1116
Recall of commissioners in city and county consolidated government, 11-3544
Recall of commissioners under commissioner-manager form of government, 11-3225
Reorganization of city as commission-manager form, form, 11-3204
Required for elections. 23-301
Returns— See ELECTIONS, Returns
Rotation on ballots, 23-1107
School district bond issue election, form of ballot, 75-3911
Short term and long term election for same office, arrangement, 23-1112
Size, 23-1105
Spoiled ballot, receipt of another, 23-1212
Stub, 23-1114
Uniformity of size and printing, 23-1115
Vacancy occurring after ballots printed, pasters to be printed and distributed, 23-1104
Voting machine ballots, 23-1607
arrangement of ballot on machine, 23-1608A
comparing official ballots with sample ballots, 23-1608
irregular ballots, 23-1609
BRIDGES
Construction exceeding ten thousand dollars, county commissioners to submit question
to electors of county, 32-709
CEMETEBJES
See PUBLIC CEMETERY DISTRICT ACT
CITIES AND TOWNS
Abatement of smoke nuisance — See SMOKE NUISANCE — ABATEMENT
Aldermen, qualifications, 11-714
Annexation
annexation of one city or town to another, election, 11-405
cities to which act applicable, 11-510
393
INDEX
References are to Title and Section numbers
CITIES AND TOWNS (Continued)
Annexation (Continued)
election, calling, conduct of, when annexation complete, 11-506, 11-507
petition, 11-506
property which may not be annexed, 11-508; 11-509
Bathing places, establishing, indebtedness, submission to taxpayers, 11-1008
Bus lines, authority for establishment and maintenance of service, 11-1022
bids for service from independent carriers, 11-1022
contracts with independent carriers, tax levy for, submission to taxpayers, 11-1021
indebtedness for operation, contracting for, submission to taxpayers, 11-1019
operation subject to motor carrier act, exception, 11-1020
Canvass of returns, 11-718
Change in classification of cities and towns, new officers, election, 11-303
City and county consolidation— See CITY AND COUNTY CONSOLIDATION
City clerk to perform duties prescribed for county clerks in elections, 23-1103
City council
certification of ward boundaries, 23-403
map of wards, council to prepare, 23-405
Clerks, absentee voting duties— See ABSENTEE VOTING
Commissioners
election, ballots, 11-3535
nomination, entry of names on ballot, 11-3534
Commission form of government
abandonment of commission form
election on, 11-3135
petition, requirements, 11-3136
ballots, form, 11-3104
bribery in election, penalty, 11-3116
candidates prohibited from promising employment or benefit in return for aid or
votes, 11-3128
certificate of result of election, 11-3105
cities authorized to organize under, 11-3101
councilmen
number, 11-3109
vacancies, 11-3109
effect of act on existing laws, 11-3137
election of city officers
beginning of term of office, 11-3110
calling of election, 11-3106
canvassing of votes, 11-3107
conduct of election, 11-3107
tenure of office, expiration, 11-3111
elective officers to file statement of election and campaign expenses and contribu-
tions, 11-3128
fees for filing for office, 11-3115
first election of officers, 11-3106 to 11-3111
franchises, submission to electors, 11-3126
limitation on holding of elections, 11-3105
mayor, vacancies, 11-3109
ordinajices
election on, 11-3133
petition by electors for, 11-3133
procedure for submitting petition, 11-3133
suspension of ordinances on petition, election, 11-3134
penalty for working for candidate, 11-3114 ji
petition for election, 11-3102 f
primary election
ballot, form, 11-3112
conduct, 11-3112
nomination of candidates, 11-3112
qualification of candidates, 11-3112
statement of candidacy, 11-3112
when general election dispensed with, 11-3113
proclamation of election, 11-3103
394
INDEX
References are to Title and Section numbers
CITIES AND TOWNS (Continued)
Commission form of government (Continued)
prohibition against electioneering by officers, 11-3127
qualifications of electors, 11-716
recall of elective officers, procedure, filling vacancy, 11-3132
savings provision, 11-3108
submission to electors, 11-3102
voting by disqualified person, penalty, 11-3116
when general election dispensed with, 11-3113
Commission-manager form
abandonment of plan, proceedings, election, 11-3330
bribery, penalty, 11-3229
commissioners
compensation, 11-3248
holding other public office prohibited, 11-3214
interest in contracts prohibited, 11-3214
meetings, 11-3249
number, 11-3211
oath and bond, 11-3244
primary election of, conduct of election, 11-3216
arrangement of names on ballot, 11-3217
ballots, form, 11-3216
dispensing with election, when^allowed, 11-3215
filing of expenses by candidate, 11-3219
qualification of electors, 11-3216
statement of candidacy, form, 11-3215
qualifications, 11-3214
quorum, 11-3247
recall
ballots, 11-3225
effect of majority vote for or against recall, 11-3226
election on question, 11-3224
filing of petition papers, 11-3223
issuance of petition papers, 11-3221
limitation upon time of filing recall petition, 11-3227
nomination of candidates to fill vacancy, 11-3225
petition for, 11-3220
signatures and affidavits to petition papers, 11-3222
term of office, 11-3212
unauthorized absences creates vacancy, 11-3249
vacancies, filling, 11-3213
working for candidate prohibited, penalty, 11-3228
general election, when it may be dispensed with, 11-3218.1
mayor
compensation, 11-3248
designation of, 11-3245
recall, selection of successor, 11-3246
vacancy in office of, 11-3245
meetings of commission, 11-3249
name of form, 11-3211
ordinances
amendment or repeal of initiated ordinances, 11-3236
ballot for election, contents, 11-3235
petition for, 11-3230
filing, 11-3232
signatures and affidavits to petitions, 11-3231
submission of petition and proposed ordinance to clerk, 11-3233
submission to electors, when commission to, 11-3232
petition for repeal of commission passed ordinance, 11-3237
; ballots, form, 11-3239
conflict of two or more ordinances approved at election, 11-3241
emergency ordinances subject to referendum, 11-3242
• failure by electors to approve of ordinance operates as repeal, 11-3238
ordinances providing for expenditures, bond issues for public improve-
ments, 11-3243
■ 395
INDEX
References are to Title and Section numbers
CITIES AND TOWNS (Continued)
Commission-manager form (Continued)
ordinances (Continued)
petition for repeal of commission passed ordinance (Continued)
other ordinances subject to referendum, 11-3240
petition, requirements, 11-3239
reconsideration by commission of ordinance, 11-3238
submission to electors, when done, 11-3238
when proposed ordinance to be submitted to electors, 11-3234
organization of city under
applicability of laws to city, 11-3208
authorized, 11-3201
ballots, form, 11-3204
certificate of result of election, 11-3205
commissioners, special election for, 11-3206
conduct, 11-3207
election, order for, 11-3202
limitation on holding of elections, 11-3205
petition for, 11-3202
proclamation of election, 11-3203
organization of communities or groups of communities under
authorization, 11-3209
election on, 11-3209
powers, 11-3210
qualifications of electors, 11-716
false answers, penalty, 11-3229
regular elections, date for holding, 11-3218
special elections, 11-3218
voting by disqualified person, penalty, 11-3229
Contracts
supplies or material, advertisement, limitations, installments, 11-1202
transportation service, contracts with independent carriers, 11-1021
Direct primary for nomination of candidates for municipal ofiices, application, 23-904
Election judges and clerks, 11-717
Election on question of municipal bonds and indebtedness
ballots, form, 11-2309
calling election, 11-2307
canvass of returns, 11-2312
conduct of election, 11-2309
consideration of petition, 11-2307
electors, qualifications, 11-2310
hours, 11-2308
municipal revenue bond act, authorization of undertakings, election, 11-2404
notice of election, 11-2308
officers, 11-2308
per cent of voters required to authorize issuance of bonds, 11-2311
petition for election, form, proof, 11-2306
registration, 11-2310
submission required, 11-2301
Elections, time for holding, 11-709
Excess tax levy
authorized if approved at election, 84-4706
ballots, 84-4709
conduct of election, 84-4709
notice of election, 84-4707
object of levy to be stated in submission of question, 84-4708
qualifications of electors, 84-4711
registration of electors, 84-4710
Fire districts in unincorporated towns
trustees to govern
election, 11-2010
powers, 11-2010
Form of government, adoption of new form, election for, Art. XVI, § 7
Franchises
election, notice, ballots, conduct of, 11-1208
396
INDEX
References are to Title and Section numbers
CITIES AND TOWNS (Continued)
Franchises (Continued)
limitation on powers of council, 11-1206
majority vote in favor of granting franchise, council must pass ordinance, 11-1209
submission to taxpaying freeholders, 11-1207
Incorporation
conduct of election, 11-204; 11-206
election, calling, 11-204
first election for officer, 11-205
officers to be elected, 11-206
old officers in office at time of adoption of code continued in office, 11-209
petition, 11-203
Increasing indebtedness beyond five per cent for sewerage system or water supply,
submission to electors. Art. XIII, § 6
Indebtedness for sewerage systems over five per cent limit, submission to taxpayers)
11-966
Indebtedness for water plant or water system, submission to electors, 11-966
Initiative and referendum— See INITIATIVE AND REFERENDUM
Leasing of city property held in trust, approval by electors, 11-964
Municipal courts, judges, election, term of office, 11-1703
Natural gas and distribution system, acquiring, indebtedness, submission to taxpayers,
11-988
Officers
aldermen, terms, 11-711
date for beginning of term, 11-720
first class city officers enumerated, 11-701
mayor, qualifications, 11-710
oath and bonds, 11-719
qualifications, 11-713
second class city officers enumerated, 11-702
terms of office, 11-709
when to begin, 11-712
third class city officers enumerated, 11-702
town officers enumerated, 11-703
vacancy, 11-719
how filled, 11-721
Ordinances to be effective thirty days after passage, 11-1106
Parking meters
authorized in cities or towns of 2500 population or less, 11-1015
existing meters and ordinances unaffected by act, 11-1017
referendum election on parking meters, 11-1016
Public parks and grounds, civic and youth centers, additional indebtedness of munici-
palities authorized on approval at election, 62-201
Qualifications of electors, 11-716
Registration of electors, 11-715
Revenue bonds of parking commission, submission of question of issuance to electors,
11-3703
Special improvement districts
bond issues, submission to electors, 11-2276
bonds
authorized upon majority vote of qualified electors, 11-221 S
procedure for issuance, 11-2218
calling of election, 11-2217
loans from revolving fund, authorization by electors, 11-2271
majority vote of electors required for authorization, 11-2217
purposes authorized, 11-2217
"qualified electors" defined, 11-2217
supplemental revolving fund, creation, authorization by electors, 11-2275
Special street fund, expenditures in excess of ten thousand dollars, approval of electors
required, 84-4704
Supplies and equipment, contracts for, purchase from government, sales of supplies,
11-1202
Terms of officers, when to begin, 11-712
Voting places, 11-717
397
INDEX
References are to Title and Section numbers
CITIES AND TOWNS (Continued)
Wards, division of cities and towns into, 11-708
first city or town council to divide area into wards, 11-707
CITY AND COUNTY CONSOLIDATION
Appointees, political participation prohibited, 11-3549
penalty for violation, 11-3551
Appointees prohibited from acting as officers of political organization or circulating
petitions, 11-3550
penalty for violation, 11-3551
Authorized, 11-3401
Commissioners
conduct of election, 11-3531
election
ballots of municipal election, 11-3539
blank spaces, 11-3537
order of names, 11-3536
first election
officers to act, 11-3530
time for holding, conduct, proclamation and publication, 11-3405
notice of municipal election, 11-3538
tie vote, breaking, 11-3539
nomination
form of petition, 11-3533
petitions, 11-3532
filing, 11-3534
primary election
notices, 11-3538
time for holding, 11-3531
Election on question of consolidation
form of ballot, 11-3404
notice, 11-3403
officers to act, 11-3530
First election of commissioners, 11-3405
Legal status of consolidated municipality, 11-3559
Ordinances
effective date, 11-3417
franchises, submitting to electors, 11-3417
initiative
action of commission on initiative petition, 11-3420
adoption upon favorable vote, 11-3422
amendments to petition, 11-3431
ballots, 11-3427
effective date of initiative measure, 11-3423
filing of petition, 11-3430
initiative ordinances may be amended or repealed by commission as other
ordinances, 11-3424
petition, 11-3419
signatures, affidavits, 11-3429
repealing ordinances may be initiated, 11-3424
submission to electors, 11-3421
time for submitting to electors, 11-3422
recording and publishing, 11-3418
referendum
amendments to petition, 11-3431
ballots, 11-3427
filing of petition, 11-3430
limitation on referendum, 11-3425
ordinances providing for expenditure of money, bond issue, for public im-
provement, preliminary acts authorized, 11-3428
petition, 11-3425
signatures, affidavits, 11-3429
reconsideration of measure by commission, 11-3426
submission to electors, 11-3426
398
INDEX
References are to Title and Section numbers
CITY AND COUNTY CONSOLIDATION (Continued)
Penalizing appointees for not participating in politics prohibited, 11-3550
penalty, 11-3550; 11-3551
Petition for, 11-3402
form of petition, 11-3403
Recall of commissioners
amendment of petition, 11-3431
election
election of successor, 11-3544; 11-3545
form of ballot, 11-3544
result of votes, 11-3545
time for holding, 11-3542
voting machines not to be used, 11-3544
filing of petition, 11-3430
limitation on filing of recall petitions, 11-3547
nomination of successors, 11-3543
petition, 11-3540
signatures, affidavits, 11-3429
signatures, filing, amendment, 11-3541
resignation pending recall election, result, 11-3546
separate removals require separate petitions, 11-3543
Resolution declaring creation of consolidated government, 11-3559
Tax levying for special services, limitation on, submission to electors for additional
levy, 11-3458
CONGRESS
Congressional districts, Art. VI, § 1
CONSTITUTION
Amendment of
submission of question of whether there shall be a convention to be submitted to
electors. Art. XIX, § 8
submission to electors, Art. XIX, §§ 8, 9
CORRUPT PRACTICES ACT
See ELECTIONS, Criminal offenses
COUNTIES
Abandonment
authorized, 16-4001
election
canvass of returns, 16-4008
governor to call, 16-4005
notices of, 16-4006
proclamation of result, 16-4008
question to be submitted, 16-4007
result to determine abandonment, 16-4009
petition for abandonment, 16-4002 >
adverse petition of resident electors, 16-4003
commissioners to determine the sufficiency of, 16-4004
county clerk's certificate, 16-4002
signers, number, 16-4003
Abatement of smoke nuisance — See SMOKE NUISANCE— ABATEMENT
Bond issue elections
canvass of returns, 16-2028
conduct of, 16-2025
election officers, 16-2024
form of ballot, 16-2025
hours, 16-2024
issues for which election required, 16-2021
notice of election, 16-2024
percentage of electors required to authorize issue, 16-2027
petition
consideration by county commissioner, 16-2023
399
INDEX
References are to Title and Section numbers
COUNTIES (Continued)
Bond issue elections (Continued)
petition (Continued^
contests, 16-2022
required, 16-2021
signers, 16-2021; 16-2022
resolution for bond issue, 16-2028
who entitled to vote, 16-2026
Borrowing money
ballots, form, 16-2304; 16-2306
commissioners to determine amount necessary, 16-2302
form of ballots, 16-2304; 16-2306
majority of votes in favor of loan, loan may be made, 16-2305
notice of elections, 16-2303
voting procedure, 16-2306
when approval of electors not required, 16-2301
City and county consolidation— See CITY AND COUNTY CONSOLIDATION
County clerks, absentee voting duties — See ABSENTEE VOTING
County commissioners
appointment of judges of election, 23-601
canvass of returns— See ELECTIONS
change in election precincts, 23-402
clerk to mail judges of election the notices of election, 23-608
commissioner districts, Art. XVI, § 4
election, Art. XVI, § 4; 16-2407
election supplies, contract for printing, 16 1201
establishment of election precincts, 23-401
furnishing help to county clerk for registration duty, 23-534
issuance of certificates of elections, 16-1157
poll books, duty to furnish, 23-701
powers concerning elections, 16-1003
providing election supplies, 16-1156
recall and election of successor, 16-3923
supplies for elections, county commissioners to prepare, 23-704
term, Art. XVI, § 4; 16-2407
County manager form
counties authorized to adopt, 16-3901
election on question of adoption, 16-3902
method of adoption, 16-3902
recall of county commissioners, election of successor, 16-3923
County officers
election, Art. XVI, § 5; 16-2406
enumerated, 16-2403 ,
general qualifications, 16-2401
legislature may provide for other officers. Art. XVI, § 6
term of office, 16-2406
vacancies, method of filling, 16-2406
County seats
location
aoplicability of general laws to new counties and officers, 16-411
election to determine permanent location
ballot, form, 16-408
general election, 16-402
re-election in case no place leceives majority of votes, 16-410
existing counties, applicability of act to, 16-412
re-election in case no place receives majority of votes, 16-410
special election to determine location
applicability of general election laws, 16-407
authorized, 16-402
ballots and records, furnishing, 16-406
canvass of returns, 16-409
division of county into registration and polling precincts, 16-404
form of ballots, 16-408
judges, 16-406
petition, 16-402
400
INDEX
References are to Title and Section numbers
COUNTIES (Continued)
County seats (Continued)
location (Continued)
special election to determine location (Continued)
proceedings after petition filed, 16-403
re-election in case no place receives majority of votes, 16-410
registration of voters, 16-405
temporary county seat, commissioners to designate, 16-401; 16-402
temporary county seat where there is a failure to select county seat at elec-
tion, 16-410
removal
countv seat may be removed from time to time, 16-309
election, Art. XVI, § 2
conduct of, 16-303
declaration of place selected as county seat, 16-306
electors to vote for preference of location, 16-304
notice, 16-303
publication of results, 16-305
time for holding, 16-302
failure of majority vote cast for another place, second election not to be held
for four years, 16-308
petition, 16-301
statement of result and notice to be submitted to secretary of state, 16-307
submission to electors, 16-302
County surveyor, map of precincts, county surveyor to make, 23-404
County treasurer, term of office, 16-2406
Creation
assessed valuation, determination, 16-502
authorized, 16-501
change of boundaries of election precincts, 16-505
county commissioners, election, 16-509
county seats, eligibility of cities and towns for, 16-503
determination of commissioners, 16-504
division into township, road and school districts, 16-505
election on question, 16-505
ballots, 16-505
conduct, 16-505
effect of adverse vote, 16-506
fifty-eight per cent of votes cast in favor of creation, declaration of creation,
16-506
notice of election, 16-505
limitations on, 16-501
location of boundaries with respect to existing county seats, limitation, excep-
tions, 16-501
measures to be taken after favorable election, 16-506
ofl&cers, 16-506; 16-507
petition
bond of petitioners regarding election costs, 16-504
contents, 16-504
hearing on, 16-504
notice of hearing on, 16-504
signers, 16-504
publication of notices by posting, 16-517
state legislature, new counties entitled to members of, 16-518
state senator be elected, 16-508
validating act, 16-520
violation of duties by officers, misdemeanor and malfeasance in office, 16-519
District officers, qualifications, 16-2402
Elections, powers of county commissioners concerning, 16-1003
Emergency expenditures, election for authorizing excess emergency expenditures,
16-1907
Form of government, adoption of new form, election for. Art. XVI, § 7
Incurring indebtedness or liability over $10,000, submission to electors,
Art. XIII, § 5
401
INDEX
References are fo Title and Section numbers
COUNTIES (Continued)
Limitation on indebtedness, approval of electors for expenditures exceeding $10,000,
16-807
Public hospital districts— See PUBLIC HOSPITAL DISTRICTS
Road and bridge construction tax levy-
authorized, 16-2201
collection of tax, 16-2204
form of ballots, 16-2202
majority vote required, 16-2203
submission of the question to electors, 16-2202
Water districts— See COUNTY WATER DISTRICTS
COUNTY ATTORNEY
Election, term, qualifications, Art. VIII, § 19
Vacancy, filling. Art. VIII, § 34
COUNTY COMMISSIONERS
See COUNTIES, County commissioners
COUNTY WATER DISTRICTS
Additions to district authorized, ordinance, election on, 16-4531
Bonded indebtedness
election
canvass of returns, 16-4521
date fixed by board of directors, 16-4518
expenses borne by district, 16-4520
general election laws govern, 16-4518, 16-4521
irregularities do not invalidate, 16-4521
notice, contents and publication, 16-4519, 16-4520
officers, 16-4519
qualified electors, 16-4520
two-thirds vote necessary to authorize bond, 16-4522
maximum term and interest rate, 16-4517
resolution declaring necessity, contents, 16-4517
Directors, election and appointment, 16-4506
nomination for appointment or election, 16-4507
term of office, 16-4506
Election on question of incorporating, 16-4505
Elections, general election law to govern, exceptions, 16-4508
Initiative for passage of ordinances, 16-4529
Officers, nomination and election, 16-4507
general election law to govern elections, 16-4508
recall of officers, 16-4509
Ordinances, initiative and referendum, 16-4529, 16-4530
Organization of districts, authorization for, 16-4501
petition for organization, 16-4503
who may organize, 16-4502
Petition for organization
boundaries of district described, 16-4503
determination of sufficiency by board, 16-4505
final hearing, 16-4504
presentation at meeting of board, 16-4503
publication, 16-4503
signatures required, 16-4503
time of consideration, 16-4504
Petition of nomination of officers, 16-4507
Referendum on ordinances, 16-4530
Validity of proceedings or elections, informality not to invalidate, 16-4513
DISTRICT COURTS
Clerk
election, term. Art. VIII, § 18
vacancy, filling. Art. VIII, § 34
402
INDEX
Uofpvencps are fo Title and Section numbers
DISTBICT COUETS (Continued)
Judges
election and term of office, Art. VIII, § 12; 16-2408
nomination and election of judges — See ELECTIONS, Judges of supreme court
and district courts
qualifications, Art. VIII, § 16
vacancies, filling, Art. VIII, § 34
Judicial districts, Art. VIII, §§ 12, 13
enumerated. 93-301; 93-301.1; 93-301.2
number of judges, 93-302
Vacancies, filling, 93-309
DRAINAGE DISTRICTS
Commissioners
election, 89-2302
term, 89-2301
Conduct of elections, 89-2304
Hours polls open, 89-2304
Nomination of candidates, 89-2306
Notice of election, 89-2303
Qualifications of electors, 89-2305
Voting rights of electors, how determined, 89-2305
E
ELECTIONS
Absentee voting— See ABSENTEE VOTING
registration of absent electors in United States service — See Registration of
electors, absent electors in United States service below
Announcement of voter's name when judge receives ballot and before depositing in
ballot box, 23-1215
Arrest, privilege of electors from arrest, exceptions, 23-308
Ballot boxes, 23-706
box to be exhibited, 23-708
size of opening on, 23-707
Ballots— See also BALLOTS
arrangement, 23-918
not to be shown after being marked, 23-1207
Beer establishments, closing hours during primary or general elections, 4-303
Booths or compartments, sufficient number to be furnished, 23-1206
Candidates
ineligibility of candidates and relatives to serve as clerk or judge at election,
23-604.1
exception for school district, precinct elections, 23-604.2
platform, formulating state platform by candidates, 23-932
qualifications. Art. IX, §§ 7, 11
Certificate of error for name omitted from poll books, 23-527
Certificates of election, 23-1808
county commissioners to issue, 16-1157
Challenge to electors
challenge list, requirement for keeping, 23-1228
challenge of having voted before, proceedings, 23-1222
challenge on election day, 23-521
challenge on grounds of conviction of crime, proceedings, 23-1223
challenge prior to election, affidavit, 23-521
determination, 23-1224
ground, 23-1220
judges to test qualifications of elector, 23-521
oath, challenged elector to take, 23-532
procedure, 94-1446
proceedings after determination of challenges, 23-1227
proceedings on challenges for want of identity, 23-1221
refusal of electors to be sworn, vote to be rejected, 23-1226
residence, rules for determining, 23-522
trial of challenges, 23-1225
403
INDEX
Referenrps ai-p lo Title and Section numbers
ELECTIONS (Continued)
Clerk of supreme court, election and term of office, 82-501
Clerks of election
administering oath, power, 23-611
compensation, 23-605
ineligibility of candidates and relatives to serve, 23-604.1
exception for school district, precinct elections, 23-604.2
judges of election may appoint, 23-607
oath, 23-610
Constitutional amendments, publication and printing of proposed amendments, 23-201
Copying total vote cast for each candidate by judges, 23-711
Counting votes, voting machine votes, 23-1610
County clerk
filing of ballots and stubs by county clerk, 23-1712
notice of primary elections, preparation, 23-903
printing of instructions to electors, 23-709
providing printed ballots, 23-1102
Criminal offenses
adding to or subtracting from votes cast in any return, penalty, 94-1409
aiding and abetting, 94-1410
attempting to vote without being qualified, 94-1404
betting on elections, penalty, 94-1421
bribery, 94-1423
fines paid in the school fund, 94-1425
violation of act voids election, 94-1426
bribing members of legislative caucus, political convention or political gathering,
penalty, 94-1418
changing ballots or altering returns by election officers, penalty, 94-1406
aiding or abetting, 94-1410
contest of election for violation of act, time for commencing, 94-1459
corrupt practices act
betting or wagering on election results prohibited, 94-1448
candidates for nomination, limitation on expenditures by or for, 94-1427
candidates with nomination for election, limitation on expenditures by or for,
94-1428
challenging voters, procedure, 94-1446
coercion of voters, 94-1447
compensating voter for loss of time prohibited, 94-1451
contest of nomination or office
advancement of cases, 94-1471
contents of contest petition, 94-1467
form of complaint, 94-1472
grounds, 94-1464
hearing of contest, 94-1468
nomination or election not to be vacated, when, 94-1465
procedure, 94-1467
reception of illegal votes, allegations and evidence, 94-1466
witnesses, privileges, 94-1471
contributions from corporations and public utilities prohibited, 94-1444
contributions in name of undisclosed principal prohibited, 94-1437
copies of act to be furnished certain public officers and candidates, 94-1432
corporations, proceedings against for violations of act, 94-1469
corrupt practice, what constitutes, 94-1450
county attorneys, duties upon violation of act, 94-1462
declaration of result of election after rejection of illegal votes, 94-1463
definition of terms, 94-1429
demands or requests wliich are not to be made of candidates, 94-1443
false oaths or affidavits, perjury, 94-1474
forfeiture of nomination or office for violation of act, 94-1458
when not forfeited, 94-1457
form of complaint under act, 94-1472
form of statement of expenses, 94-1473
404
INDEX
References are to Title and Section numbers
ELECTIONS (Continued)
Criminal offenses (Continued)
corrupt practices act (Continued)
inducing person to accept or decline nomination, penalty, 94-1456
inducing person to be or not to be candidate prohibited, 94-1442
inspection of accounts, 94-1433
jurisdiction of courts over proceedings, 94-1460
newspaper and periodical advertisements, 94-1452
penalties for violations not otherwise provided for, 94-1470
personating another elector, penalty, 94-1449
political badges, buttons or insignia prohibited from being worn near polls
94-1451 ^ '
political committees
accounts of receipts, payments and liabilities required, 94-1431
required to have treasurer, 94-1431
statement and vouchers, 94-1431
political criminal libel, 94-1454
promise to procure appointment or election prohibited, exceptions, 94-1438
prosecutions for failure to file statement, 94-1434
providing food, drink or entertainment for purpose of having person give or
refrain from giving his vote, prohibited, 94-1445
publications in neM'spapers and periodicals, requirement stating it is a paid
advertisement, 94-1452
public officers or employees not to contribute funds, 94-1439
public officers prohibited from acting as delegates or members of political
committee, exceptions, 94-1440
record of statements, copies, 94-1436
solicitation of votes on election day, penalty, 94-1453
statement by candidate as to moneys expended, 94-1430
filing after election, 94-1430
penalty for failure to make, 94-1430
statement of expenses by candidate, failure to file, candidates name not to
be printed on official ballot, 94-1455
statement of expenses, form, 94-1473
statement of receipts, 94-1433
court may compel filing, 94-1435
may be ordered, 94-1433
prosecutions for failure to file, 94-1434
successful candidate's statement of expenses, failure to file, name not to be
printed on official ballot, 94-1455
transfer of convention credential in return for payment of money or other
valuables prohibited, 94-1441
undue influence of voters, 94-1447
defacing or destroying certificates of nominations, penalty, 94-1412
destroying instructions to voters, penalty, 94-1414
disturbing public meetings of electors, penalty, 94-1420
electioneering by officers of election, penalty, 94-1413
electioneering ^vithin twenty-five feet of polling place, penalty, 94-1414
employers, unlawful acts, 94-1424
fines paid into school funds, 94-1425
violation of act voids election, 94-1426
expenditures by candidate who has the nomination for election, limitation, 94-1428
expenditures by or for candidate for nomination, limitation, 94-1427
filing false certificate of nomination, penalty, 94-1412
forging or altering returns
aiding and abetting, 94-1410
penalty, 94-1408
forging or falsely making official endorsement on ballots, penalty, 94-1412
fraudulent registration, 94-1402
fraudulent voting, 94-1403
furnishing money or entertainment for procuring attendance of electors, penaltv
94-1415
general penalty clause, 94-1422
intimidating, corrupting, deceiving or defrauding electors, penalty, 94-1411
judges unfolding or marking ballots, penalty, 94-1407
aiding or abetting, 94-1410
405
INDEX
References are to Title and Section numbers
ELECTIONS (Continued)
Criminal offenses (Continued)
offers of appointment to office to procure election, penalty, ©4-1416
communication of offer, 94-1417
political literature to contain name of officer or person publishing and producing,
94-1475
violation a misdemeanor, 94-1476
preventing public meetings of electors, penalty, 94-1419
procuring illegal voting, 94-1405
removing ballots from polling place before closing the polls, penalty, 94-1414
removing or destroying supplies in election booths, penalty, 94-1414
showing ballots to other persons, penalty, 94-1414
wagering on results of election, penalty, 94-1421
willful neglect or refusal of duty by officers, penalty, 94-1401
Delegates to constitutional conventions, 23-2404
Delivery of official ballots to elector, 23-1209
Disabled elector, judges may aid, 23-1213
Election laws, duty of secretary of state to print, 23-1818
Election supplies and ballots, prices for printing, 16-1216
Election supplies, county commissioners to provide, 16-1156
Electors
elections where electors are required to be taxpayers, who are taxpayers, 23-311
elector to cast ballot without interference, 23-1207
elector to sign name on precinct register book, 23-1218
exemption from military duty on election day, 23-309
idiot or insane persons not entitled to vote. Art. IX, § 8; 23-310
military duty of electors on days of election. Art. IX, § 5
privilege from arrest during attendance at elections or in going to, exceptions,
Art. IX, §4; 23-308
qualifications. Art. IX, § 2; 23-302
qualifications for elections concerning state tax levy for debt, 23-307
qualifications of electors at elections on incurring state indebtedness, 23-303
duties of secretary of state and county clerks, 23-305
exceptions, savings clause, 23-306
lists and precinct registers, 23-304
residence
military personnel. Art. IX, § 6
persons in public institutions. Art. IX, § 3
persons in service of state or United States, Art. IX, § 3
requirements, 23-302
students, Art. IX, § 3
women suffrage. Art. IX, § 12
Expenses of providing places for election, 23-1208
Form, color and size of ballots, 23-1105
General elections
holidays, 19-107
proclamation by governor
contents, 23-104
publication and posting of proclamation by county commissioners, 23-105
time for making, 23-103
time for holding, 23-101
Handing of ballot to judge and announcement of name, 23-1214
Identification of voter, judges may require, 23-526
Increase in tax rate, submission to voters, Art. XII, § 9
Insane persons not entitled to vote, 23-310
Instructions to the electors, printing, 23-709
Judges
absentee voting duties— See ABSENTEE VOTING
administering oath, power, 23-611
aiding of disabled electors, 23-1213
appointed by county commissioners, 23-601
appointment of clerks of election, 23-607
406
INDEX
Kt'ffri'iiifs ;nf to Title and iSeclion numbers
ELECTIONS (Continued)
Judges (Continued)
compensation, 23-605
copying total vote cast for each candidate, 23-711
delivery of ballots and stamps to, 23-705
exhibiting of ballot box, 23-708
identification of voter, judges may require, 23-526
ineligibility of candidates and relatives to serve, 23-604.1
exception for school district, precinct elections, 23-604.2
instruction of election judges, compensation for instruction, certificate of instruc-
tion, 23-612
list of those qualified for appointment to be furnished by county central com-
mittee of political party, 23-604
new precincts, number appointed in, 23-603
notice of appointment, 23-606
notice of election, judges to receive from clerk of board of county commissioners,
23-608
notices of election to be posted by judges, 23-609
not more than the majority to be from any one political party, 23-604
number in each precinct, 23-601
number to be appointed, 23-602
oath. 23-610
penalty for failure to comply with law, 23-713
refusal or neglect of judge to serve, electors may elect judge to fill vacancy, 23-606
returns, how made, 23-1709
second or additional board of judges, 23-601
voting machines, duties— See VOTING MACHINES
Judges of supreme and district courts
application of general laws, 23-2014
arrangement and certification of candidates, separate lists required, 23-2005
district court
department in district with more than one judge considered independent
office for election purposes, 23-2001
judicial districts enumerated, 93-301, 93-301.1, 93-301.2
number of judges, 93-302
vacancies, 93-309
judicial primary ballot, voting, 23-2007
nomination and election to be in accordance with act, 23-2001
nominations, placing names on ballots for general election, 23-2009
nominations to be made at primary nominating election, 23-2002
numbering of offices of associate justices or departments in district, 23-2001
petition for nomination, indicating number of vacant office required, 23-2003
petition for nominations
contents, 23-2003
fees, 23-2003
filing, 23-2003
form, 23-2003
not to indicate political party or affiliation of candidate, 23-2003
political parties prohibited from endorsing judicial candidates, penalty, 23-2012
primary
ballots
preparation and distribution, 23-2006
voting, 23-2007
every elector entitled to vote without regard to politics, 23-2007
separate count and canvass from other ballots, 23-2008
tie vote, how decided, 23-2010
primary ballots, preparation and distribution, 23-2006
register of candidates for nomination, 23-2004
supreme court
computation of years of office, 93-208
number, 93-201
term of office of additional justices, 93-202; 93-203
vacancies, filling, 93-209
associate justice, vacancy considered independent office for election pur-
poses, 23-2001
-107
INDEX
References are to Title and Section numbers
ELECTIONS (Continued)
Judges ul suprenip c >nil and district courts (Continued)
supreme court (Continued)
vacancies, filling (Continued)
candidate for elective office, judge becoming, duties of judge, filling
vacancy, 93-219, 93-220
vacancies after nomination and before general election, how filled, 23-2011
voting machines, arrangement of nonpartisan judicial ballot, 23-1608
Judicial officers, tie vote, governor to appoint person to office, 23-1904
Legislature prohibited from passing local or special laws regarding, Art. V, § 26
Limitation on location of persons doing electioneering on election day, 23-1207
Limitation on time voter to occupy booth, 23-1211
Liquor sales on day of primary or general election, hours for, 4-414
List of voters, clerk required to keep, 23-1219
Local option elections— See ALCOHOLIC BEVERAGES
Manner of voting, 23-1214
Method of voting, 23-1210
Military duty, exemption of electors from on election day, exceptions, 23-309
Municipal elections, clerk to perform duties prescribed to county clerks, 23-1103
Names and party of candidates to be printed on ballot, 23-1106
Nomination of candidates by convention or primary meetings
bribery or unlawful interference, penalty, 23-819, 23-820
certificate of nomination
contents, 23-802
not more than one name for each office to be contained in, 23-805
preservation of certificate for one year, 23-806
when filed, 23-807
where filed, 23-803
certification to county clerk of persons nominated by secretary of state, 23-809
challenges to voters, 23-817
oath of voters, penalty for false answers, 23-817
"convention or primary meeting" defined, 23-801
declination of nomination
how done, 23-810
municipal elections, 23-810
resulting vacancy, how filled, 23-811
time for, 23-810
errors, how corrected, 23-812
fees of nominees, 23-808
fraudulent voting or counting, penalty, 23-818; 23-820
judges
clerk, one of judges shall be, 23-816
duties, 23-815
fraudulent count, canvass, statement or return, penalty, 23-818; 23-820
number, 23-815
selection, 23-815
political parties to which applicable, 23-909
secretary of state to certify names of nominees to county clerk, 23-809
vacancies among nominees, how filled, 23-811
vacancy in congressional office, electors residing in district only to vote for, 23-801
voters at convention or primary meeting
qualifications, 23-813
who entitled to vote, 23-814
Nomination of candidates by direct vote — direct primary
applicability of general penal laws, 23-934
applicability of other election laws, 23-936
application to cities and towns, 23-904
arrangement of names and information on ballots by county clerk, 23-917
arrangement of names and information on ballots by secretary of state, 23-916
ballots
arrangement, 23-919
counting, 23-906
how voted, 23-919
number of official ballots furnished precincts, 23-920
sample ballots, 23-920
408
INDEX
References are to Title and Section numbers
ELECTIONS (Continued)
Nomination of candidates by direct vote — direct primary (Continued)
bribery, penalty, 123-933
candidates to be chosen, 23-902
canvass of returns, 23-921
canvass of votes, 23-907
construction of act, 23-901
contest of nomination
hearing by court, 23-927; 23-928
notice of contest, 23-926
service of notice, 23-927
counting the ballots, 23-906
date for holding, 23-902
disposition of poll books, tally sheets, ballots, 23-914
emergency clause, 23-905
error in ballot or count, 23-923
forgery of nomination papers, penalty, 23-935
notice of prima'-y election, 23-903
official misconduct, penalty for, 23-925
petitions for nominations
fees, 23-910
filing, 23-910
form of petition, 23-911
time for filing, 23-912
political parties to which applicable, 23-909
poll books, sealing and returning to county clerk, 23-908
precinct committeemen, election, 23-929
precinct register, sealing and returning to county clerk, 23-908
public records, 23-914
register of candidates
contents, 23-913
public record, 23-914
who to keep, 23-913
returns
county canvass
abstract of votes for county and precinct of&ces, 23-921
county clerk, duties, 23-921j 23-922
error in ballot or count, 23-923
judicial primary ballot returns, 23-2008
late returns, secretary of state may send for, 23-924
state canvass, 23-922
transmitting abstract of votes to secretary of state, 23-921; 23-922
supplies, furnishing by county, 23-918
suppression of nomination papers, 23-936
tally sheets
form, 23-907
sealing and returning to county clerk, 23-908
vacancies in nominations, how filled, 23-915
write-in candidates, declaration of acceptance of nomination, 23-910
wrongful or unlawful act by candidate, penalty, 23-931
Nomination of delegates to convention to ratify proposed amendments to constitution
of the United States, 23-2403
Nomination other than by convention, primary meeting or direct vote, certificate of
nomination, contents, required signatures, 23-804
Notice of primary elections, 23-903
Number of ballots provided for each precinct, 23-1117
Occupancy of booth, only one person to occupy at one time, 23-1211
Opening and closing of polls, time for, 23-1202
Person or persons receiving highest number of votes declared elected, Art. IX, § 13
Persons elected to state offices, governor to issue commission, 23-1816
Place for holding the election in precincts, commissioners to designate, 23-406
proceedings where place not designated, 23-407
Poll books
absent voters, insertion of names and numbers by judges, 23-1311
409
INDEX
References are to Title and Section numbers
ELECTIONS (Continued)
I'nll buoks (Continued)
county commissioners to furnish, 23-701, 23-704
form, 23-702
want of form not to vitiate, 23-703
signing and certification of after votes counted, 23-1708
Poll list, 23-1219
Precinct register
blanks, county commissioners to furnish to precinct officers, 23-704
combining precinct registers in municipal elections, when authorized, 23-515
compensation of county clerks for, 23-519
contents, preparation, when not furnished city or town, 23-515
county clerk to furnish copies on request, cost, 23-520
marking when elector has voted, 23-1218
name of voter must appear in copy of register, 23-526
omission of name from register, certificate of error, 23-527
voter to sign before voting, 23-524
inability of elector to sign name, affidavits required, 23-524
Precincts and wards
changing residence from one precinct to another within county, transfer of regis-
tration, 23-509
establishment of precincts, 23-401
number of judges appointed in new precincts, 23-603
precinct committeemen, election, 23-929
precincts
changes in boundaries of, 23-402
commissioners to designate place in precinct for holding election, 23-406
proceedings where place not designated, 23-407
county surveyor to make map of precincts, 23-404
establishment, 23-401
uniting of precincts where voting machines used, 23-1603
wards
city council to certify boundaries, 23-403
city council to prepare map of, 23-405
Printing of ballots at public expense, 23-1101
Proclamation at closing of polls, 23-1205
Proclamation at opening and thirty minutes before closing of polls, 23-1204
Putting ballot in ballot box, 23-1216
Putting unauthorized material into ballot box, penalty, 23-1214
Question submitted to counties or cities, publication, 23-202
Recording of persons voting in poll book, 23-1215
Record that person has voted, how kept, 23-1217
Recount of votes
applicant to deposit cost of recount, 23-2304
applicant if on recount found to be elected, the cost to be returned, 23-2304
application for order for
contents, 23-2301
hearing on application, determination by court, 23-2301
time for making, 23-2301
who may make application, 23-2301
certificates of election, effect of recount on, 23-2306
disqualification of judge, calling in another judge, 23-2303
election officers not to be paid until after recount, not to be paid on finding of
incorrect count, 23-2307
failure to comply with provisions for counting votes, presumption of incorrectness,
23-2302
failure to hear application in prescribed time not to divest court of jurisdiction,
23-2303
manner of making recount, 23-2304
more than one application for recount made, procedure, 23-2304
order requiring canvassing board to reassemble and recount ballots, 23-23f)l i
other provisions concerning contest, reference to, 23-2308 \
precinct in which recount ordered, 23-2304
procedure for making, 23-2304
recount limited to precincts and offices specified in order of court, 23-2305 j
410
INDEX
References are to Title and Section nunibtrs
ELECTIONS (Continued)
Kogistration of electors
absent electors in United States service
authorization for registration, means of registering, 23-1401
definition of electors in United States service, 23-1402
federal post card application
classification by county clerk, 23-1405
form, 23-1403
methods of registering, 23-503
notice of registration sent to electors, 23-1405
oath for electors, 23-1404
penalty applicable, 23-1406
absent from county of residence
method, 23-1501
questions asked and answered in writing, 23-1503
registration Ci»,rd mailed upon application, 23-1502
applicant not qualified at time of registration but will be at time of election,
procedure for registering, 23-508
authority of deputy county clerk, 23-528
cancellation
cancellation of all registrations in 1937, 23-517
failure to vote in general election, cancellation
exception for persons in United States service, 23-511
reregistration, 23-511
withdrawal from cancellec' file of cards of persons in armed forces, 23-512
grounds, 23-518
notification of person cancelled, 23-518
procedure for w-hen registering in another county, 23-510
certificates of naturalization, presentation to registrar, 23-523
registering without certificate, 23-523
city and town elections, 11-715
close of registration, time for, procedure, 23-513
county clerk
custodian of registration 'iRjoks and records, 23-501
ex-officio county registrar designated as, 23-501
county commissioners to supply clerk with help, 23-534
deputy registrars
appointment, 23-505
notaries public and justices of the peace designated as, 23-505
disabled electors, registration at residence, 23-504
"election" defined, 23-530
"elector" defined, 23-529
false answers and violations of act, penalty, 23-506; 23-533
false registration, penalty, 23-503
fraudulent registration, penalty, 94-1402
hours for registering voters, 23-507
inquiry as to previous registration, procedure for cancelling in other counties,
23-510
legislative assembly, power to pass laws regarding. Art. IX, § 9
method, 23-503
electors residing at a distance from office of county clerk, 23-504
precinct register
blanks, county commissioners to furnish to precinct officers, 23-704
delivery to judges of election, 23-515
omission of name from register, certificate of error, 23-527
preparation, 23-515
printing and posting of list of registered electors before elections, 23-514
registration for another election during period registration closed for election,
23-516
registry book, 23-502
registry cards, form of, 23-502
reregistration after cancellation, 23-511
residence, rules for determining, 23-522
transfer of registration within county, 23-509
411
INDEX
References are to Title and Section numbers
ELECTIONS (Conlinued)
Registration of electors (Continued)
transmitting? certificate showing number of voters registered in precincts to sec-
retary of state, 23-513
violations of act by officers, penalty, 23-531
Registry cards, filing, 23-507
Removal of ballots from polling place before closing prohibited, 23-1207
Representatives to Congress
certificate of election, 23-2205
congressional districts, 43-107
returns, how made, 23-2204
tie vote, special election, 23-1901
time for election of, 23-2203
Residence, rules for determining for purpose of registration or voting, 23-522
Returns
ascertaining number of votes cast and persons voted for 23-1705
ballots after reading or rejecting to be strung and enclosed in envelopes, 23-1706
ballots in excess of names on poll books, destroying excess ballots, 23-1703
canvass to be public and without adjournment. 23-1701
changing or altering by election officers, penalty. 94-14(ir)
counting votes, voting machine votes, 23-1610
countv canvass
absent commissioner, certain other county officers to act, 23-1802
canvass to be public, 23-1804
county commissioners ex-officio board of county canvassers, 23-1801
immaterial defects in returns, 23-1804
person having highest number of votes declared elected, 23-1807
postponement, when authorized, 23-1803
returns for joint members of house of representatives, 23-1809
duty of clerk receiving returns, 23-181 1
transmission to county which stands first in alphabetical arrangement in
district, 23-1810
statement of results, contents, 23-1805
tie vote, recount, 23-1807
tie vote after recount, certifying to governor, 23-1807
time for meeting, 23-1801
custody, 23-1710
defect in form, immateriality, 23-1817
delivery to county clerk, 23-1711
disposition prior to canvass of vote, 23-1714
filing of ballots and stubs by county clerk, 23-1712
filing of poll books, election records and papers, 23-1715
forms for transmission of, 23-710
copying total vote cast for each candidate, 23-711
posting and mailing of blanks, 23-712
how made, 23-1709
keeping pending contest, 23-1713
making where voting machines used, 23-1611
mode of canvassing, 23-1702
penalties, 23-1819
plurality to elect, 23-1806
poll books, signing and certification of after counting votes, 23-1708
rejected ballots, marking, 23-1707
returns to remain unopened and unaltered until board of county canvassers meets,
23-1714
state canvass
composition of board, 23-1814
delinquent returns from county, sending for, 23-1815
governor to issue commissions to those elected, 23-1816
time for meeting, 23-1814
state returns, how made, 23-1812
transmission to secretary of state, 23-1813
tie votes, 23-1807
judicial officers, governor to appoint person to office, 23-1904
412
INDEX
References are to Title and Section numbers
ELECTIONS (Continued)
Returns (Continued)
tie votes (Coutimifd)
state offices, tie vote, proceedings to fill, 23-1902; 23-1903
tie vote on representative in congress, governor to order special election
23-1901 '
what ballots to be counted, 23-1704
Right of people to govern for themselves, Art. Ill, § 2
Right of suffrage, Art. Ill, § 5
School elections— See SCHOOLS
Senators to United States senate
elections to fill vacancy in, time for, 23-2201
time for election, 23-2201
writs of election to fill vacancy, 23-2202
Special elections
opening and closing of polls, time for, 23-1203
proclamation by county commissioners, 23-106
purpose in calling, 23-102
Spoiled ballot, receiving another, 23-1212
State officers, tie vote, proceedings, 23-1902; 23-1903
Sufficient booths and compartments to be furnished, 23-1206
Superintendent of public instruction, 75-1301
Supplies
county commissioners to have blanks prepared, 23-704
poll book, county commissioners to furnish, 23 701
Tie votes, 23-1901 to 23-1904
Time of opening and closing of polls, 23-1202
Time of opening and closing polls at special elections, 23-1203
Use of ballot required, 23-301
Vacancy occurring after ballots printed, pasters to be printed and distributed 23-1104
Voting machines— See VOTING MACHINES
Voting, method of, 23-1210
Voting to commence as soon as polls open, 23-1201
G
GOVERNOR
Election of provided for, term. Art. VII, § 1
Manner of election, Art. VII, § 2
Qualifications, Art. VII, § 3
H
HOLIDAYS
General election days, 19-107
I
INITLA.TIVE AND REFERENDUM
Ballot, form, 37-106
Bills referred by the legislature to a popular vote not effective until approved, 37-110
Canvass of votes, 37-108
Certificate of verification, county clerk to transmit to secretary of state, 37-103
Certification and numbering of measures to county clerks, 37-105
Constitutional amendments, 37-105
County clerk to verify signatures to petitions, 37-103
False signature, penalties, 37-109
Form of petition for, 37-101
Initiative
cities and towns
ballots and methods of voting, 11-1111
forms of petitions and conduct of proceedings, 11-1113
material change in proposed ordinance, submission to electors, 11-1104
petition for ordinance, 11-1104
power of council upon receipt of petition for ordinance, 11-1104
413
INDEX
References are to Title and Section numbers
INITIATIVE AND REFERENDUM (Continued)
Initiative (Continueil)
cities and towns (Continued)
qualifications of voters, 11-1112
special election, when authorized, 11-1105
submission of question at regular election, 11-1105
form of petition for, 37-102
power reserved to the people, Art. V, § 1
requirements for petition. Art. "V, § 1
Manner of voting, 37-106
Notice to governor, 37-104
Printing and distribution of copies of measure, 37-107
Proclamation that petition filed, 37-104
Referendum
cities and towns
ballots and method of voting, 11-1111
forms of petitions and conduct of proceedings, 11-1113
petition for, time for filing, 11-1107
proclamation of election, 11-1110
qualification of voters, 11-1112
referendum to be had at a regular election, 11-1108
special election, when authorized, 11-1108; 11-1109
to what ordinances applicable, 11-1114
power reserved to the people. Art. V, § 1
requirements for petition, Art. V, § 1
Who may petition for, 37-109
IRRIGATION DISTRICTS
Canvass of returns, 89-1309
Certificates of election, 89-1310
Commissioners
election of, 89-1303
nomination of candidates, 89-1312
term of office, 89-1303
vacancies among, how filled, 89-1304
Conduct of election, 89-1308
Counting votes, 89-1308
Election of officers, 89-1305
oath, 89-1306
Election precincts
changes in, 89-1302
creation, 89-1302
Electors
qualifications, 89-1311
voting rights, how determined, 89-1311
Hours of election, 89-1307
Notice of election, 89-1305
Result of elections, statement, 89-1310
Special elections, commissioners may call, 89-1313
JUDGES
Election judges— See ELECTIONS, Judges
Nomination and election of judges of supreme court and district courts — See ELEC-
TIONS, Judges of supreme court and district courts
JUSTICES OF THE PEACE
Designated as deputy registrar, 23-505
Election and term of office. Art. VIII, § 20; 16-2408; 93-401
Number in townships, 93-401
Term of office, 93-405
Township officer, 16-2404
Vacancy in office, filling. Art. VIII, § 34; 93-406
414
i
INDEX
Referpnces ure to Title and Section numbers
LEGISLATURE
Apportionment of legislative assemblies, 43-103
Districts, Art. V, § 4
alteration of representative districts, Art. VI, § 3
apportionment for representatives, Art. VI, § 2
new county created, senatorial district. Art. VI, § 4
Judge of elections, returns, and qualifications of members. Art. V, § 9
Legislative authority, vesting in, Art. V, § 1
Local or special laws prohibited, Art. V, § 26
New counties
entitled to member of house of representatives, 43-105
senatorial districts, 43-102
Number of representatives from each county, 43-104
Officers, Art. V, § 9
Registration laws, power to pass, Art. IX, § 9
Representative districts, 43-106
Representatives
number. Art. V, § 4
qualifications. Art. V, § 3
term, Art. V, § 2
"Senatorial districts" defined, 43-101
Senators
election in newly created county, 16-508
number, Art. V, § 4
qualifications. Art. V, § 3
term. Art. V, § 2
Vacancies, filling, Art. V, § 45
LIBBABIE3
City free libraries
election at which question submitted, 44-303
establishment, tax levy, ordinance, 44-301
majority vote at election, library to be established, 44-303
submission of question of establishment to electors, 44-302
County and regional free libraries, governmental unit may transfer its library to
another governmental unit upon the majority vote of qualified electors, 44-213
LIEUTENANT-GOVEENOE
Election of provided for, term, Art. VII, § 1
Manner of election, Art. VU, § 2
Qualifications, Art. VII, § 3
M
MUNICIPAL BONDS
Election on question of issuing— See CITIES AND TOWNS
MUNICIPAL COUETS
Judges, election, term of office, 11-1703
N
NOTAMES PUBLIO
Designated as deputy registrar, 23-505
O
OATH
Oath of office. Art. XIX, § 1
P
PABEING METERS
See CITIES AND TOWNS
415
INDEX
References are to Title and Section numbers
POLITTCAIi PARTIES
City central committee, composition, 23-929
County central committee, composition, 23-929
County convention. 23-929
Direct primary, party nominations made exclusively as provided by law 23-909
National convention
delegates
election at state convention, 23-1006
method of selecting, 23-1002
Organization in years when president is to be elected, 23-929
''Political party" defined, 23-1001
Precinct committeemen, election, 23-929
Prohibited from endorsing judicial candidates, 23-2012
State central committee, selection of national committeemen and foremen, 23-930
State convention
conduct, 23-1007
delegates and alternates, election by county convention, 23-929
expenses, payment, 23-1008
State platform, candidates to formulate, 23-932
Vacancy among committeemen, filling, 23-929
PRECINCTS
See ELECTIONS, Precincts and wards
PRESIDENTIAL ELECTORS
Certificate of election, governor to transmit, 23-2103
Chosen at general election, 23-2101
Compensation, 23-2110
how audited and paid, 23-2111
Election at state convention, 23-1006
List of persons voted for, 23-2108
Manner of selection, 23-1002
Meeting of electors, time for, 23-2104
Kesults to be transmitted as provided by constitution and laws of United States,
23-2109
Returns, canvass to certify, 23-2102
Separate ballots for president and vice-president, 23-2107
Vacancy, how filled, 23-2105
Voting of electors, 23-2106
PUBLIC CEMETERY DISTRICT ACT
Alteration of boundaries, 9-213
notice, publication, 9-214
Cemetery district, territory, 9-201
Election
ballots, 9-205
board of county commissioners to order, 9-205
favorable vote, commissioners to organize district, 9-206
Government of district, appointment and terms of trustees, 9-207
Petition for organization, 9-202
hearing on petition, 9-203; 9-204
Powers, 9-208
Powers of county commissioners, 9-215
Rales and regulations, 9-210
Tax levy for, 9-209
Tax proceeds, disbursements, 9-209.1
Title of act, 9-201
Validated warrants, payment, 9-209.3
Validating act, 9-209.2
Withdrawal of portion of district, petition for, 9-211
hearing, 9-212
416
INDEX
References are to Title and Section numbers
PUBLIC HOSPITAL DISTRICTS
Authorization, 16-4301
Election
calling, 16-4304
conduct, 16-4305
favorable vote, district to be organized, 16-4306
time polls open, 16-4305
Government of district, 16-4307
Petition for, 16-4302
hearing on petition, 16-4303
reference of creation at election, 16-4304
signers, 16-4302
Territory embraced within district, 16-4301
Trustees of district, election and term, 16-4307
PUBLIC INDEBTEDNESS
Counties, indebtedness or liability over $10,000, submission to electors. Art. XIII, § 5
Indebtedness of over $100,000, submission to electors. Art. XIII, § 2
Municipalities, increasing indebtedness over five per cent, submission to electors. Art.
XIII, § 6
B
REFERENDUM
See INITIATIVE AND REFEEENDUM
S
SCHOOLS
Abolishment of county high schools
authorization, 75-4120
ballots, 75-4124
commissioner to submit question of abolishment to registered voters at next
general election, 75-4122
election, conduct of, 75-4124
election favoring abolishment, action by county commissioners thereafter, 75-4125
Abolishment of county high schools (Continued)
election favoring retaining high school, 75-4126
notice of election, publication, 75-4123
notice of filing of petition, publication, 75-4123
petition for abolishment, 75-4121
Board of trustees of county high schools, members, qualifications, election procedure,
75-4103
Building and furnishing fund, 75-3717
transfer of funds, election of question of, 75-3719
County superintendent
election, 75-1503
persons eligible without regard to sex, 75-1501
qualifications, 75-1502
term of oflfice, 75-1504
Depreciation reserve for purchase of replacement school busses, limitation on use,
election for authorization for other use, 75-3403
Election on question of bond issue
ballots, preparation, 75-3911
calling of elections, 75-3910
canvass of returns, 75-3915
conduct of election, 75-3913
electors
absent electors, voting by, 75-3913
who entitled to vote, 75-3912
form of ballot, 75-3911
notice of election, 75-3910
417
INDEX
References are to Title and Section numbers
SCHOOLS (Continued)
Klection on question of bond isstic ((tjjitinutd;
notice of sale of bonds, form, 75-3916
percentage of electors required to authorize bond issue, 75-3914
petition for
consideration of petition by board of trustees, 75-3910
contents, 75-3909
form, 75-3909
proof, 75-3909
signers, 75-3908
precinct register and list of electors, preparation and delivery prior to election,
75-3912
qualifications of voters, 75-3938
resolution for bond issue, 75-3915
signers required on petition, 75-3937
Election on question of consolidation of school districts, 75-1813
Election on question of county bond issue for county and district high schools, 75-4116
Election on question of county high school bond issue
election, calling, conduct, approval of bond issue, 75-4113
petition for election, 75-4112
Election on question of dissolution of the joint school district, 75-1818
Election on question of extra tax levy
amount and purpose of levy to be submitted, 75-3803
challenge of voters, 75-3805
conduct of election, 75-3804
election to be held at regular annual election or special election, 75-3801
form of ballot, 75-3804
marking of ballots, 75-3804
notice of election, 75-3802
trustees may call, 75-3801
High school districts, public works
additional members for board of trustees, collection, 75-4601
alteration of boundaries, 75-4607
construction and repair of school buildings, 75-4601
division of county and high school districts for purpose of act, 75-4602
common school districts not to be divided, exception if approved and author-
ized at an election, 75-4602
proceedings for improvements
board acting on own initiative, 75-4601
petition for, requesting election, 75-4601
special tax levy, election, 75-4609
approval of tax, other special levies not to be submitted in same year, 75-4611
notice and conduct of election, 75-4610
Junior colleges
definition of terms, 75-4401
establishment
approval of superintendent of public instruction, 75-4403
authority, 75-4402
election, 75-4404
establishment after approval by electors, 75-4405
petition for, 75-4402
submission of question to electors, 75-4403
Junior high schools
approval of establishment and election, duties of trustees to establish, 75-4152
approval of issuance of bonds, issuance, 75-4153
approval of superintendent of public instruction, 75-4148
authority to establish in districts having no accredited high schools, 75-4147
election, 75-4151
establishment in district where high school already established, 75-4201
petition for establishment, 75-4148
submission of question of bond issues, 75-4150
submission of question of establishment to electors, 75-4149
Obligations or indebtedness in excess of funds available, election on question, 75-4231
• Officers, qualifications, Art. IX, § 10
418
INDEX
References are to Title and Section numbers
SCHOOLS (Continued)
School districts
classification, 75-1802
consolidation
authorized, when, 75-1813
dissolution, election on question of, 75-1818
election on question of proposed consolidation, 75-1813
election conduct, 75-1813
number of trustees, 75-1802
officers, elections for to be separate from elections for state or county officers,
Art. XI, § 10
School trustees
ballot, form in districts of first class, 75-1611
board of trustees to call election, 75-1607
canvass of votes, 75-1612
certificate of election, 75-1612
challenges to elector, 75-1619
county high schools, board of trustees, members, qualifications, election procedure,
75-4103
designation and establishment of polling places, 75-1607
duties, 75-1632
elections, 75-1603
first class districts, 75-1606
second and third class districts, 75-1604; 75-1605
time for holding, 75-1603
expenses of election, 75-1620
filling vacancy in office of clerk of school district, 75-1616
hours of election in districts of first class, 75-1609
judges of election, appointment by district trustee, 75-1610
nomination of candidates
first class districts, 75-1606
second and third class districts, 75-1604
notice of elections, 75-1608
number of, 75-1602
oath, 75-1613
poll and poll lists, 75-1612
qualifications, 75-1601
qualifications of electors at election, 75-1618
removal, how removed, 75-1615
staggering of terms, 75-1617
tally-lists, 75-1612
time polls open, in districts of second and third class, 75-1605
trustees may call special election for purpose of bonding district, 75-1631
vacancies, 75-1613; 75-1614
Special election, trustees may call for purpose of bonding district, 75-1631
Superintendent of public instruction
election, 75-1301
manner of election, Art. VII, § 2
provision for, term, Art. VII, § 1
oath and bond, 75-1301
qualifications. Art. VII, § 3; 75-1301
Tax levy, excess levy, submission of question to electors, 75-4516.1
Tax levy for, exceeding limitation, electioji to authorize, 75-1723
Transportation of pupils, depreciation reserve for purchase of busses, election for
authorization for other use, 75-3403
SECRETARY OF STATE
Duties regarding voting machines— See VOTING MACHINES
Election of provided for, term. Art. VII, § 1
Manner of election. Art. VII, § 2
Qualifications, Art. VII, § 3
419
INDEX
References are to Title and Section numbers
SMOKE NUISANCE— ABATEMENT
Bonds, 11-2504
Election on question of contract of bonds, 11-2505
Notice of election, 11-2506
Provisions concerning election, 11-2511
STATE AUDITOR
Election of provided for, term, Art. VII, § 1
Manner of election, Art. VII, § 2
Qualifications, Art. VII, § 3
STATE CAPITOL
Change of location, election, number of votes required for. Art. X, § 3
Election on question of location, Art. I, § 2
STATE TREASURER
Election of provided for, term. Art. VII, § 1
Manner of election. Art. VII, § 2
Qualifications, Art. VII, § 3
SUPREME COURT
Clerk
election, term of office, Art. VIII, § 9; 82-501
vacancy in office, filling. Art. VIII, § 34
Justices
additional justice, term of office, 93-202; 93-203
candidate for elective office, judge becoming
exceptions to rule for resignation, 93-219
resigning of supreme court office, 93-219
vacancy, filling vacancy, 93-219, 93-220
election
nomination and election — See ELECTIONS, Judges of supreme and district
courts
provision for, manner. Art. VIII, §§ 6, 8
term of office. Art. VIII, § 7; 93-201
number, 93-201
qualifications. Art. VIII, § 10
vacancies, filling. Art. VIII, § 34; 93-209
TAX RATE
Election to increase, Art. XII, § 9
TOWNSHIPS
Officers
enumerated, 16-2404
qualifications, 16-2402
term of office, 16-2406
vacancies, method of filling, 16-2406
V
VOTING MACHINES
Absentee voting in precincts where voting machines arc used, 23-1319
Application of election laws, 23-1612
Approval of secretary of state, 23-1601
Approved machines, continuation in use, 23-1618
Arrangement of ballot on machine, 23-T6n8A
Assistance to elector unable to record vote, 23-1606
Ballots, 23-1607
420
INDEX
References are to Title and Section numbers
VOTING MACHINES (Continued)
City and county clerks to set up machines for use, 23-1608
Comparing ballots on machine with sample ballots, 23-1608
Counting, 23-1610
Defective machine, use of ballots, 23-1617
Examination by secretary of state, 23-1601
Experimental use of machines without formal adoption or purchase authorized, 23-1617
Injuring, penalty, 23-1614
Instructions to judges on operation, 23-1605
Instructions to voters, 23-1607
Irregular ballots, 23-1609
Judicial candidates, arrangement of judicial ballot when voting machine used, 23-1608
Length of time voter may remain in machine, 23-1605
Locking machine after polls closed, 23-1610
Method of conducting elections, 23-1605
Neglect of duty by officer, penalty, 23-1613
Placing of machines in room where election held, 23-1605
Purchase and use of, 23-1603
payment for machines, how provided for, 23-1604
Recall of commissioners in city and county consolidated governments, machines not
to be used, 11-3544
Requirements of, 23-1602
Returns
making, 23-1611
penalty for fraudulent returns or certificates, 23-1616
Sealing after use, 23-1611
Specifications of machines, 23-1602
Tampering with, penalty, 23-1614
Uniting of precincts where voting machines used, 23-1603
Violation of duty by judges, penalty, 23-1615
W
WARDS
See ELECTIONS, Precincts and wards
WATER DISTRICTS
See COUNTY WATER DISTRICTS
421
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